ILLINOIS POLLUTION CONTROL BOARD
    December 7, 2000
    IN THE MATTER OF: )
    )
    RCRA SUBTITLE C UPDATE, USEPA ) R01-3
    AMENDMENTS (January 1, 2000, through ) (Identical-in-Substance
    June 30, 2000) ) Rulemaking - Land)
    Adopted Rule. Final Order.
    OPINION AND ORDER OF THE BOARD (by S.T. Lawton, Jr.):
    Under Sections 7.2 and 22.4(a) of the Environmental Protection Act (Act) (415 ILCS
    5/7.2 and 22.4(a) (1998)), the Board adopts amendments to the Illinois regulations that are
    “identical in substance” to hazardous waste regulations that the United States Environmental
    Protection Agency (USEPA) adopted to implement Subtitle C of the federal Resource
    Conservation and Recovery Act of 1976 (RCRA Subtitle C) (42 U.S.C. §§ 6921
    et seq
    . (1998)).
    The nominal timeframe of this docket includes federal RCRA Subtitle C amendments that
    USEPA adopted in the period January 1, 2000, through June 30, 2000.
    Sections 7.2 and 22.4(a) provide for quick adoption of regulations that are identical in
    substance to federal regulations that USEPA adopts to implement Sections 3001 through 3005 of
    RCRA (42 U.S.C. §§ 6921-6925 (1998)). Section 22.4(a) also provides that Title VII of the Act
    and Section 5 of the Administrative Procedure Act (APA) (5 ILCS 100/5-35 and 5-40 (1998)) do
    not apply to the Board’s adoption of identical-in-substance regulations. The federal RCRA
    Subtitle C regulations are found at 40 C.F.R. 260 through 266, 268, 270, 271, 273, and 279.
    The Board will delay filing the adopted amendments with the Office of the Secretary of
    State for 30 days following the date of this opinion. The delay is pursuant to an agreement
    between USEPA and the State of Illinois that allows USEPA additional time to review the
    adopted amendments before they become effective.
    FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING
    The following briefly summarizes the federal actions considered in this rulemaking.
    Docket R01-3: January 1, 2000, through June 30, 2000, RCRA Subtitle C
    Amendments
    USEPA amended the federal RCRA Subtitle C regulations on five occasions during the
    period January 1, 2000, through June 30, 2000. Each is summarized below:

    2
    65 Fed. Reg. 12378 (March 8, 2000)
    USEPA extended the accumulation time applicable to wastewater treatment sludge from
    the metal finishing industry that is accumulated for high temperature metals recovery.
    65 Fed. Reg. 14472 (March 17, 2000)
    USEPA withdrew the hazardous waste listings and land disposal restrictions for
    organobromine production wastes in response to a judicial vacature in Great Lakes
    Chemical Corp. v. EPA, no. 98-1312 (D.C. Cir. Apr. 9, 1999).
    65 Fed. Reg. 30886 (May 15, 2000)
    USEPA adopted amendments to its NPDES regulations to eliminate rules that are
    obsolete, ineffective, or unduly burdensome. The amendments streamline various
    permitting procedures, including those for UIC and RCRA Subtitle C permits.
    65 Fed. Reg. 32214 (May 22, 2000)
    USEPA made a formal regulatory determination not to include wastes from fossil fuel
    combustion as listed hazardous waste.
    65 Fed. Reg. 36365 (June 8, 2000)
    USEPA corrected typographical errors in its March 17, 2000 (65 Fed. Reg. 14472)
    organobromine production waste rule and its August 6, 1998 (63 Fed. Reg. 42110) listing
    of four petroleum wastes.
    No Later RCRA Subtitle C (Hazardous Waste) Amendments of Interest
    The Board engages in ongoing monitoring of federal actions. As of the date of this
    opinion and accompanying order, we have not identified any USEPA actions since June 30,
    2000, that further amend the RCRA Subtitle C hazardous waste rules within the scope any of the
    subject matters as those already involved in this docket. When the Board observes an action
    outside the nominal timeframe of a docket that would require expedited consideration in the
    pending docket, the Board will expedite consideration of those amendments. Federal actions that
    could warrant expedited consideration include those that directly affect the amendments involved
    in this docket, those for which compelling reasons would warrant consideration as soon as
    possible, and those for which the Board has received a request for expedited consideration.
    Other Federal Actions Having an Ancillary Impact on the Illinois RCRA Subtitle
    C Regulations
    In addition to the amendments to the federal RCRA Subtitle C regulations, another set of
    federal amendments might have an effect on the corresponding Illinois rules. Most notably, 35
    Ill. Adm. Code 720.111 includes several incorporations of federal regulations by reference, and
    USEPA has amended 40 C.F.R. 136, which is included among the incorporated references. The
    set of federal amendments to 40 C.F.R. 136 is as follows:

    3
    65 Fed. Reg. 3008 (January 19, 2000)
    USEPA adopted wastewater effluent limitation guidelines, pretreatment standards, and
    new source performance standards for the landfill point source category. One segment of
    this rulemaking was the amendment of Methods 625 and 1625 in 40 C.F.R. 136.3,
    Appendix A.
    65 Fed. Reg. 14344 (March 16, 2000)
    USEPA corrected its January 19,2000 effluent guidelines, pretreatment standards, and
    new source performance standards for the landfill source category.
    RCRA Subtitle C (Hazardous Waste) Amendments on Which No Board Action
    Was Necessary
    Among the various federal RCRA Subtitle C amendments examined by the Board and
    listed above, there are some on which no Board action was necessary in the present update
    docket R01-3. The reasons why no Board action was necessary vary from one federal action to
    another. The Board lists these five federal actions among those considered in this docket for the
    benefit of the regulated community, but we do not further discuss them in this opinion.
    1. No Board action was necessary on the federal action of March 8, 2000 (65 Fed.
    Reg. 12378). The Board completed action on the federal accumulation time
    amendments in the prior update docket RCRA Subtitle C Update, USEPA
    Amendments (July 1, 1999, through December 31, 1999) (May 18, 2000), R00-
    13.
    2. Similarly, no Board action was necessary on the federal action of March 17, 2000
    (65 Fed. Reg. 14472). The Board also removed the hazardous waste listings for
    organobromine wastes in the prior update docket RCRA Subtitle C Update,
    USEPA Amendments (July 1, 1999, through December 31, 1999) (May 18, 2000),
    R00-13.
    3. No further action was necessary as to the federal cleanup amendments of May 15,
    2000 (65 Fed. Reg. 30886). The Board has examined the hazardous waste-related
    segments of the federal amendments (40 C.F.R. 270.32(c) and 270.43(b)) and the
    corresponding Illinois rules (35 Ill. Adm. Code 702.161(b)(2) and 702.186), and
    the altered segment of the federal text (references to the consolidated permit
    procedures of 40 C.F.R. 124) have no counterpart in the corresponding Illinois
    regulations.
    4. The federal action of May 22, 2000 (65 Fed. Reg. 32214), was a determination not
    to regulate categories of wastes from certain activities. The federal action
    included no amendments to the federal regulations. Thus, the Board does not
    need to amend the Illinois rules in response.

    4
    5. Finally, the Board has examined the March 16, 2000 (65 Fed. Reg. 14344)
    corrections to the January 19, 2000 (65 Fed. Reg. 3008) wastewater effluent
    limitation guidelines, pretreatment standards, and new source performance
    standards for the landfill point source category. None of the corrections affect the
    amendment of Methods 625 and 1625 in 40 C.F.R. 136.3, Appendix A, so the
    Board does not need to update the incorporation of 40 C.F.R. 136 to include a
    reference to these corrections.
    Summary Listing of the Federal Actions Forming the Basis of the Board’s Actions
    in this Docket
    Based on the foregoing, the federal actions that form the basis for Board action in this
    update docket are as follows, in chronological order:
    65 Fed. Reg. 3008 (January 19, 2000) USEPA amendment of the analytical methods of
    40 C.F.R. 136, which are incorporated by
    reference in 35 Ill. Adm. Code 720.111.
    65 Fed. Reg. 36365 (June 8, 2000) USEPA corrected its March 17, 2000 (65 Fed.
    Reg. 14472) withdrawal of the organobromine
    production waste rule and its August 6, 1998 (63
    Fed. Reg. 42110) listing of four petroleum
    wastes.
    PUBLIC COMMENTS
    The Board adopted a proposal for public comment in this matter on September 21, 2000.
    Notices of Proposed Amendments appeared in the October 13, 2000 issue of the
    Illinois Register
    ,
    at 24 Ill. Reg. 14945 (Part 720), 14959 (Part 721), and 14971 (Part 728). The Board received
    public comments on this proposal for a period of 45 days following its publication in the
    Illinois
    Register
    . The public comment period ended on November 27, 2000. The Board now
    immediately considers adoption of the amendments, making the necessary changes made evident
    through the public comments. The Board will delay filing these adopted rules with the Secretary
    of State for 30 days after adoption, particularly to allow additional time for USEPA to review the
    adopted amendments before they are filed and become effective.
    PC 1 Illinois Environmental Protection Agency (Agency): “Response of the Illinois
    Environmental Protection Agency Pursuant to Public Comment Period for
    Proposed Identical-in-Substance Rules,” dated November 27, 2000, from Susan J.
    Schroeder, Associate Counsel, Division of Legal Counsel (received November 28,
    2000).
    The Agency, in PC 1, discusses a single provision in the proposed amendments. The
    Agency states that it believes that a certain federal amendment to 40 C.F.R. 261.31(a) is
    accurately reflected in corresponding 35 Ill. Adm. Code 721.131(a), but that that federal
    amendment was an error. That federal amendment and the Agency’s comments are considered in

    5
    greater detail in the discussion of the withdrawal of the organobromine waste rule at page 7
    below.
    In addition to the public comments received, the Board received from Joint Committee on
    Administrative Rules (JCAR) on October 12, 2000 a series of three documents (one for each Part
    involved in this proceeding) entitled “Line Numbered Version.” To accompany those
    documents, JCAR submitted three additional documents (one for each Part) entitled “Suggested
    Revisions.”
    DISCUSSION
    The following discussion begins with a description of the types of deviations the Board
    makes from the literal text of federal regulations in adopting identical-in-substance rules. It is
    followed by a discussion of the amendments and actions undertaken in direct response to the
    federal actions involved in this proceeding. This first series of discussions is organized by
    federal subject matter, generally appearing in chronological order of the relevant
    Federal
    Register
    notices involved. Finally, this discussion closes with a description of the amendments
    and actions that are not directly derived from the federal actions.
    General Revisions and Deviations from the Federal Text
    In incorporating the federal rules into the Illinois system, some deviation from the federal
    text is unavoidable. This deviation arises primarily through differences between the federal and
    state regulatory structure and systems. Some deviation also arises through errors in and problems
    with the federal text itself. The Board conforms the federal text to the Illinois rules and
    regulatory scheme and corrects errors that we see in the text as we engage in these routine update
    rulemakings.
    In addition to the amendments derived from federal amendments, the Board often finds it
    necessary to alter the text of various passages of the existing rules as provisions are opened for
    update in response to USEPA actions. This involves correcting deficiencies, clarifying
    provisions, and making other changes that are necessary to establish a clear set of rules that
    closely parallel the corresponding federal requirements within the codification scheme of the
    Illinois Administrative Code.
    The Board updates the citations to the
    Code of Federal Regulations
    to the most recent
    version available. As of the date of this opinion, the most recent version of the
    Code of Federal
    Regulations
    available to the Board is the July 1, 1999 version. Thus, we have updated all
    citations to the 1999 version, adding references to later amendments using their appropriate
    Federal Register
    citation, where necessary.
    The Board substituted “or” for “/” in most instances where this appeared in the federal
    base text, using “and” where more appropriate. The Board further used this opportunity to make
    a number of corrections to punctuation, grammar, spelling, and cross-reference format
    throughout the opened text. We changed “who” to “that” and “he” or “she” to “it,” where the

    6
    person to which the regulation referred was not necessarily a natural person, or to “he or she,”
    where a natural person was evident; changed “which” to “that” for restrictive relative clauses;
    substituted “must” for “shall”; capitalized the section headings and corrected their format where
    necessary; and corrected punctuation within sentences.
    In addition, the federal rules have been edited to establish a uniform usage throughout the
    Board’s regulations. For example, with respect to “shall,” “will,” and “may,” “must” is used
    when an action is required by the rule, without regard to whether the action is required of the
    subject of the sentence or not. “Shall” is no longer, since it is not used in everyday language.
    Thus, where a federal rule uses “shall,” the Board substitutes “must.” This is a break from our
    former practice where “shall” was used when the subject of a sentence has a duty to do
    something. “Will” is used when the Board obliges itself to do something. “May” is used when
    choice of a provision is optional. “Or” is used rather than “and/or,” and denotes “one or both.”
    “Either . . . or” denotes “one but not both.” “And” denotes “both.”
    The JCAR has requested that the Board refer to the United States Environmental
    Protection Agency in the same manner throughout all of our bodies of regulations—
    i.e.
    , air,
    water, drinking water, RCRA Subtitle D (municipal solid waste landfill), RCRA Subtitle C
    (hazardous waste), underground injection control (UIC), etc. The Board has decided to refer to
    the United States Environmental Protection Agency as “USEPA.” We will continue this
    conversion in future rulemakings as additional sections become open to amendment. We will
    further convert “EPA” used in federal text to “USEPA,” where USEPA is clearly intended.
    The Board has assembled tables to aid in the location of these alterations and to briefly
    outline their intended purpose. The tables set forth the miscellaneous deviations from the federal
    text and corrections to the pre-amended base text of the rules in detail. The tables are set forth
    and explained beginning at page 7. There is no further discussion of most of the deviations and
    revisions elsewhere in this opinion.
    Discussion of Particular Federal Actions
    Update to the Clean Water Act Analytical Methods Incorporated by Reference—Section 720.111
    On January 19, 2000 (65 Fed. Reg. 3008), USEPA adopted wastewater effluent limitation
    guidelines, pretreatment standards, and new source performance standards for the landfill point
    source category. One segment of this rulemaking was the amendment of Clean Water Act
    analytical methods, Methods 625 and 1625, in 40 C.F.R. 136.3, Appendix A. Method 625 is the
    analysis of base/neutral and acid organics in wastewater by gas chromatography, and Method
    1625 is the analysis of semivolatile organic compounds by capillary column gas chromatography-
    mass spectrometry. The Board has incorporated the methods of 40 C.F.R. 136 into the hazardous
    waste regulations by reference in Section 720.111(b).
    The Board has incorporated the federal amendments into the Illinois hazardous waste
    regulations by updating the incorporation of 40 C.F.R. 136 by reference. This required updating
    the version of 40 C.F.R. 136 incorporated by reference at 35 Ill. Adm. Code 720.111 by adding a

    7
    reference to the January 19, 2000
    Federal Register
    notice of adopted amendments at 65 Fed.
    Reg. 3008. Persons interested in the substance of the underlying federal action should refer to
    the notice that appeared in the January 19, 2000 issue of the
    Federal Register
    .
    The Board requested public comment on our incorporation of the January 19, 2000
    federal revisions to Methods 625 and 1625 into the Illinois hazardous waste regulations. We
    received no comments on this aspect of the September 7, 2000, proposal for public comment.
    Corrections to the Withdrawal of the Organobromine Waste Rule and the Petroleum Production
    Wastes Listings—Section 721.131 and Appendix G to Part 728
    On June 8, 2000 (65 Fed. Reg. 36565), USEPA corrected two of its prior actions.
    USEPA corrected its March 17, 2000 (65 Fed. Reg. 14472) withdrawal of its May 4, 1998 (63
    Fed. Reg. 24596) organobromine production waste rule and its August 6, 1998 (63 Fed. Reg.
    42110) listing of four petroleum wastes. The Board originally adopted the organobromine
    production waste rule in RCRA Update, USEPA Regulations (July 1, 1997, through December
    31, 1997), RCRA Update, USEPA Regulations (January 1, 1998, through June 30, 1998), UIC
    Update, USEPA Regulations (January 1, 1998, through June 30, 1998) (December 17, 1998),
    R98-21/R99-2/R99-7 (consolidated). As briefly mentioned above, the Board adopted the March
    17, 2000 withdrawal in RCRA Subtitle C Update, USEPA Amendments (July 1, 1999, through
    December 31, 1999) (May 18, 2000), R00-13. We adopted the August 6, 1998 petroleum
    production waste listings in RCRA Subtitle C Update, USEPA Amendments (July 1, 1998,
    through December 31, 1998) (June 17, 1999), R99-15.
    The Board incorporated the June 8, 2000 corrections into the September 7, 2000, proposal
    for public comment with no deviation from the federal text. Persons interested in the details of
    the federal amendments should consult the June 8, 2000
    Federal Register
    notice.
    The Board requested public comment on our incorporation of the June 8, 2000 federal
    corrections. We received a single comment from the Agency on the September 7, 2000 proposal.
    In PC 1, the Agency noted in that while the Board amendments to the F037 waste listing in
    Section 721.131(a) accurately reflect the June 8, 2000 federal amendments, there is a significant
    substantive difference between an “oil cooling water” and an “oily cooling water.” The Federal
    amendments changed “oily cooling water” to “oil cooling water.” The Agency believes that the
    language should have remained “oily cooling waters,” which are cooling waters containing oil,
    rather than “oil cooling waters,” which are those waters used to cool oil.
    The Agency’s observations caused the Board to re-examine the F037 waste listing. We
    examined the November 2, 1990
    Federal Register
    notice in which USEPA originally adopted
    that listing. As a result, we believe that the recent federal changed from “oily cooling waters” to
    “oil cooling waters” was an inadvertent error. In adopting the F037 listing, USEPA stated as
    follows:

    8
    Wastewaters may be generally classified as process, oily cooling, oil-free, and
    sanitary wastewaters. . . . Sludges generated from the treatment of completely
    segregated oil-free and sanitary wastewaters are not affected by today’s listings.
    55 Fed. Reg. 46354, 46359 (November 2, 1990).
    Thus, USEPA clearly did not intend to include wastewater sludges that do not contain oil in its
    definition of F037 waste. The Board notes that implicit to the Agency’s observations relating to
    “oily cooling water” and “oil cooling water” is the distinction that “oil cooling water” does not
    necessarily contain oil, whereas “oily cooling water” does. If we retain the change from “oily
    cooling waters” to “oil cooling waters,” the F037 waste listing would expand to include
    wastewaters that do not necessarily contain oil. Not only is this contrary to the intent originally
    announced by USEPA in the November 2, 1990 listing of F037 waste, but nothing in the June 8,
    2000 notice of corrections specifically indicates that USEPA intended to expand the F037 listing
    in this way.
    As a result, the Board has decided to alter the text of the amendments. Specifically, we
    have removed the amendment changing “oily cooling waters” to “oil cooling waters” in the
    hazardous waste listing in Section 721.131(a) for F037 waste. We are aware that this will create
    a difference between this listing in the Illinois regulations and that in 40 C.F.R. 261.31(a) on
    which it is based. We believe that the Illinois rules accurately reflect the federal intent. If
    USEPA believes otherwise, it may notify us of that fact during the 30-day period following our
    vote to adopt these amendments before they become final and effective.
    F023 Tri- and Tetrachlorophenol and Tetra-, Penta-, and Hexachlorobenzene Production
    Waste—Section 721.131(a)
    One of the suggestions offered by JCAR warrants specific discussion. JCAR suggested
    that the Board change the F023 waste listing in Section 721.131(a). As it stands, that waste
    listing is virtually identical to its federal counterpart, which reads as follows:
    F023 Wastes . . . from the production of materials on equipment previously used
    for the production of materials on equipment previously used for the
    production or manufacturing use . . . of tri- and tetrachlorophenols.
    40 C.F.R. 261.31(a) (1999).
    JCAR suggested that the Board should change the segment that reads “materials on equipment”
    to read “materials or equipment.” This change would alter the meaning of the waste definition.
    Instead of waste from production of materials on equipment that could be contaminated from
    previous use relating to the two chlorinated phenols, the JCAR-revised listing would include
    wastes or equipment (when it becomes a waste) from production of the two compounds. These
    would already be included in the hazardous waste listing designated F020. The Board cannot
    make this change, which would render the Illinois regulations less stringent than the
    corresponding federal rules in this regard.

    9
    The situation is similar with regard to the JCAR suggestion to make the same change in
    language in the F026 waste listing. The F026 listing is very similar to the F023 listing, but it
    relates to tetra-, penta-, and hexachlorobenzene. The JCAR suggestion would make the F026
    waste listing subsumed by the F022 listing, which is the listing for tetra-, penta-, and
    hexachlorobenzene wastes. The Board cannot make this suggested change.
    When it adopted the F023 and F026 waste listings USEPA made it clear that it intended
    to include wastes contaminated from previously-used equipment as hazardous waste. USEPA
    stated as follows:
    Also listed are wastes that are generated in the course of a manufacturing process
    performed on equipment previously used for . . . [production of tri- and
    tetrachlorophenols or tetra-, penta-, and hexachlorobenzene]. 50 Fed. Reg. 1978,
    1979 (January 14, 1985).
    The JCAR-suggested revisions to the F023 and F026 waste listings would exclude such wastes
    despite USEPA’s intent to include them in the listings. Again the Board believes that the rules
    adopted here accurately reflect the federal intent. USEPA is invited to comment on our reading
    within the next 30 days.
    Agency or Board Action
    Section 7.2(a)(5) of the Act requires the Board to specify for which portions of the
    program USEPA will retain decision making authority. Based on the general division of
    functions within the Act and other Illinois statutes, the Board is also to specify which State
    agency is to make decisions.
    In situations in which the Board has determined that USEPA will retain decision-making
    authority, the Board has replaced “Regional Administrator” with USEPA, so as to avoid
    specifying which office within USEPA is to make a decision.
    In some identical-in-substance rules, certain decisions pertaining to a permit application
    are not appropriate for the Agency to consider. In determining the general division of authority
    between the Agency and the Board, the following factors should be considered:
    1. Whether the person making the decision is applying a Board regulation, or taking
    action contrary to (“waiving”) a Board regulation. It generally takes some form of
    Board action to “waive” a Board regulation.
    2. Whether there is a clear standard for action such that the Board can give
    meaningful review to an Agency decision.
    3. Whether the action would result in exemption from the permit requirement itself.
    If so, Board action is generally required.

    10
    4. Whether the decision amounts to “determining, defining or implementing
    environmental control standards” within the meaning of Section 5(b) of the Act.
    If so, it must be made by the Board.
    There are four common classes of Board decisions: variance, adjusted standard, site-
    specific rulemaking, and enforcement. The first three are methods by which a regulation can be
    temporarily postponed (variance) or adjusted to meet specific situations (adjusted standard or
    site-specific rulemaking). There often are differences in the nomenclature for these decisions
    between the USEPA and Board regulations.
    Discussion of Miscellaneous Housekeeping Amendments
    Table 1 below list numerous corrections and amendments that are not based on current
    federal amendments. Table 1 (beginning immediately below) includes deviations made in this
    final order from the verbatim text of the federal amendments. Table 2 (beginning after table 1
    immediately below) contains corrections and clarifications that the Board made in the base text
    involved in this proposal. The amendments listed in this table are housekeeping amendments not
    directly derived from the current federal amendments. Table 3 (beginning on page 11 below) is a
    listing of revisions made to the text of the amendments from that proposed and set forth in the
    Board’s opinion and order of September 21, 2000. Table 3 indicates the changes made, as well
    as the source that suggested each of the changes. Table 4 (beginning on page 12 below) lists a
    small number of suggested revisions that the Board cannot incorporate into the text of the
    amendments. Table 4 indicates the suggested revision, the source of the suggestion, and the
    reason we cannot make the suggested change. Some of the entries in these tables are discussed
    further in appropriate segments of the general discussion beginning at page 4 of this opinion.
    Table 1:
    Deviations from the Text of the Federal Amendments
    Illinois Section 40 C.F.R. Section Revision(s)
    721.131(a) “F037” 261.31(a) Removed the change from “oily cooling water”
    to “oil cooling water”
    721.131(a) “F038” 261.31(a) Changed “DAF” to “dissolved air flotation
    (DAF)”
    Table 2:
    Board Housekeeping Amendments
    Section Source Revision(s)
    720.111(a) “APTI” JCAR,
    Board
    Removed the listing of “APTI” as the source of “APTI
    Course 415”
    720.111(a) “NTIS” JCAR,
    Board
    Replaced “USEPA Publication EPA 450/2-81-005” with
    “PB80208895” for “APTI Course 415”
    720.111(b) Board Changed “40 CFR 268.Appendix IX” to ”40 CFR 268,
    Appendix IX”

    11
    721 Table of
    Contents
    JCAR Used lower-case “from” in heading for Section 721.131
    721.131 Heading JCAR Used lower-case “from”
    721.131(a) JCAR Changed “Section Appendix I of this Part” to “Appendix
    I of this Part”
    721.131(a) “F024” JCAR Added a comma before “including” to offset a
    parenthetical
    721.131(a) “F027” JCAR Moved the ending period inside the closing parenthesis
    mark
    721.131(a) “F032” JCAR Removed the unnecessary comma after “wastewaters”
    721.131(a) “F034” JCAR Removed the unnecessary comma after “wastewaters”
    721.131(a) “F037” Board Changed to the singular “sludge” (four times); changed
    “subsection (b)(2), below” to ”subsection (b)(2) of this
    Section”; added a comma to offset the final element of a
    series
    721.131(a) “F038” JCAR,
    Board
    Changed “DAF” to “dissolved air flotation (DAF)”;
    changed “subsection (b)(2), below” to ”subsection (b)(2)
    of this Section”
    721.131(b)(2)(A) JCAR Removed the unnecessary comma after “or”; removed the
    unnecessary comma after “tank”
    721.131(b)(2)(B) Board Changed “shall” to “must”
    728.Appendix G,
    Table 1, entry 1
    JCAR Changed “of” to “or” for “CERCLA response or RCRA
    corrective actions”
    Table 3:
    Revisions to the Text of the Proposed Amendments in Final Adoption
    Section Revised Source(s) of
    Revision(s)
    Revision(s)
    720.111(a) “APTI” JCAR,
    Board
    Removed the listing of “APTI” as the source of “APTI
    Course 415”
    720.111(a) “NTIS” JCAR,
    Board
    Replaced “USEPA Publication EPA 450/2-81-005” with
    “PB80208895” for “APTI Course 415”
    721 Table of
    Contents
    JCAR Used lower-case “from” in heading for Section 721.131
    721.131 Heading JCAR Used lower-case “from”
    721.131(a) JCAR Changed “Section Appendix I of this Part” to “Appendix
    I of this Part”
    721.131(a) “F024” JCAR Added a comma before “including” to offset a
    parenthetical
    721.131(a) “F027” JCAR Moved the ending period inside the closing parenthesis
    mark
    721.131(a) “F032” JCAR Removed the unnecessary comma after “wastewaters”
    721.131(a) “F034” JCAR Removed the unnecessary comma after “wastewaters”

    12
    721.131(a) “F037” JCAR Removed the change from “oily cooling water” to “oil
    cooling water”
    721.131(a) “F038” JCAR Changed “DAF” to “dissolved air flotation (DAF)”
    721.131(b)(2)(A) JCAR Removed the unnecessary comma after “or”; removed the
    unnecessary comma after “tank”
    728.Appendix G,
    Table 1, entry 1
    JCAR Changed “of” to “or” for “CERCLA response or RCRA
    corrective actions”
    Table 4
    Requested Revisions to the Text of the Proposed Amendments Not Made in Final
    Adoption
    Section Affected Source(s) of Request:
    Requested Revision(s)
    Explanation
    720 Source note JCAR: Change “amended
    in R01-3 at 25 Ill. Reg. . . .”
    to “amended at R01-3 at 25
    Ill. Reg. . . .”
    The preposition “in” is universally
    used for the Board docket number, and
    the preposition “at” is universally used
    for the
    Illinois Register
    citation.
    721.131(a) “F023” JCAR: Change “materials
    on equipment” to
    “materials or equipment”
    The suggested revision would render
    the Illinois listing for F023 waste
    substantively different than the
    corresponding federal listing on which
    it was based. See the discussion
    beginning at page 7 of this opinion.
    721.131(a) “F026” JCAR: Change “materials
    on equipment” to
    “materials or equipment”
    The suggested revision would render
    the Illinois listing for F026 waste
    substantively different than the
    corresponding federal listing on which
    it was based. See the discussion
    beginning at page 7 of this opinion.
    721.131(a) “F037” JCAR: Change “oily
    cooling wastewaters” to
    “oil cooling wastewaters”
    to agree with a similar
    federal amendment above
    in this entry
    USEPA left the word “oily” in one
    location in the text of its amendments.
    It is possible that the change to “oil” in
    the single location was an error. As it
    stands, even with this internal
    inconsistency, the Board text agrees
    with the corresponding federal text.
    721.131(a) “F037” JCAR: change “process or
    oily cooling wastewaters”
    to plural “processes or oil
    cooling wastewaters”
    From the context, it appears that the
    word “process” is intended as an
    adjective that modifies “waters,” rather
    than a noun, so the singular to agree
    with the corresponding federal text is
    more appropriate.

    13
    721.131(a) “F037” JCAR: change “oily
    cooling wastewaters” to
    “oil cooling wastewaters”
    to agree with a similar
    federal amendment above
    in this entry
    USEPA left the word “oily” in one
    location in the text of its amendments.
    It is possible that the change to “oil” in
    the single location was an error. See
    the discussion beginning at page 8 of
    this opinion.
    721.131(a) “F038” JCAR: change “oily
    cooling wastewaters” to
    “oil cooling wastewaters”
    to agree with a similar
    federal amendment above
    in this entry (two locations)
    USEPA left the word “oily” in one
    location in the text of its amendments
    to the entry for “F037.” It is possible
    that the change to “oil” in the single
    location in the “F037” entry was an
    error. As it stands, even with this
    internal inconsistency, the Board text
    agrees with the corresponding federal
    text.
    HISTORY OF RCRA SUBTITLE C AND UIC ADOPTION
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY OR BOARD ACTION
    EDITORIAL CONVENTIONS
    It has previously been the practice of the Board to include a historical discussion in its
    RCRA Subtitle C and UIC identical-in-subs tance rulemaking proposals. However, in the last
    RCRA Subtitle C update docket, RCRA Subtitle C Update, USEPA Amendments (July 1, 1999,
    through December 31, 1999) (May 18, 2000), R00-13, the Board indicated that it would cease
    this practice. Therefore, for a complete historical summary of the Board’s RCRA Subtitle C and
    UIC rulemakings and programs, interested persons should refer back to the May 18, 2000
    opinion and order in R00-13.
    The historical summary contains all Board actions taken to adopt and maintain these
    programs since their inception and until May 18, 2000. It includes a listing of all site-specific
    rulemaking and adjusted standards proceedings filed that relate to these programs. It also lists all
    USEPA program authorizations issued during that time frame. As necessary the Board will
    continue to update the historical summary as a segment of the opinion in each RCRA Subtitle C
    and UIC update docket, but those opinions will not repeat the information contained in the
    opinion of May 18, 2000 in docket R00-13.
    The following summarizes the history of the Illinois RCRA Subtitle C hazardous waste
    and UIC programs since May 18, 2000:
    History of RCRA Subtitle C and State Hazardous Waste Rules Adoption
    The Board has adopted and amended the RCRA Subtitle C hazardous waste rules in the
    following docket since May 18, 2000:

    14
    R00-13 RCRA Subtitle C Update, USEPA Regulations (January 1, 1999, through
    June 30, 1999) (May 18, 2000), R00-13; published at 24 Ill. Reg.9443
    (July 7, 2000), effective June 20, 2000.
    R01-3 RCRA Subtitle C Update, USEPA Regulations (January 1, 2000, through
    June 30, 2000), R01-3. (This docket.)
    History of UIC Rules Adoption
    The Board has adopted and amended Underground Injection Control (UIC) regulations in
    the following dockets since May 18, 2000:
    R00-11 UIC Update, USEPA Regulations (July 1, 1999, through December 31,
    1999), R00-11. (Adopted on December 7, 2000; consolidated with docket
    R01-1.)
    R01-1 UIC Update, USEPA Regulations (January 1, 2000, through June 30,
    2000), R01-1. (Adopted on December 7, 2000; consolidated with docket
    R00-11.)
    ORDER
    The complete text of the proposed amendments follows:
    TITLE 35: ENVIRONMENTAL PROTECTION
    SUBTITLE G: WASTE DISPOSAL
    CHAPTER I: POLLUTION CONTROL BOARD
    SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
    PART 720
    HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
    SUBPART A: GENERAL PROVISIONS
    Section
    720.101 Purpose, Scope, and Applicability
    720.102 Availability of Information; Confidentiality of Information
    720.103 Use of Number and Gender
    SUBPART B: DEFINITIONS
    Section
    720.110 Definitions
    720.111 References

    15
    SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES
    Section
    720.120 Rulemaking
    720.121 Alternative Equivalent Testing Methods
    720.122 Waste Delisting
    720.123 Petitions for Regulation as Universal Waste
    720.130 Procedures for Solid Waste Determinations
    720.131 Solid Waste Determinations
    720.132 Boiler Determinations
    720.133 Procedures for Determinations
    720.140 Additional regulation of certain hazardous waste Recycling Activities on a case-
    by-case Basis
    720.141 Procedures for case-by-case regulation of hazardous waste Recycling Activities
    720.Appendix A Overview of 40 CFR, Subtitle C Regulations
    AUTHORITY: Implementing Sections 7.2, 13, and 22.4 and authorized by Section 27 of the
    Environmental Protection Act [415 ILCS 5/7.2, 13, 22.4, and 27].
    SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and
    codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-19 at 7 Ill. Reg.
    14015, effective October 12, 1983; amended in R84-9 at 9 Ill. Reg. 11819, effective July 24,
    1985; amended in R85-22 at 10 Ill. Reg. 968, effective January 2, 1986; amended in R86-1 at 10
    Ill. Reg. 13998, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20630, effective
    December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6017, effective March 24, 1987; amended
    in R86-46 at 11 Ill. Reg. 13435, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg.
    19280, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2450, effective January
    15, 1988; amended in R87-39 at 12 Ill. Reg. 12999, effective July 29, 1988; amended in R88-16
    at 13 Ill. Reg. 362, effective December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18278,
    effective November 13, 1989; amended in R89-2 at 14 Ill. Reg. 3075, effective February 20,
    1990; amended in R89-9 at 14 Ill. Reg. 6225, effective April 16, 1990; amended in R90-10 at 14
    Ill. Reg. 16450, effective September 25, 1990; amended in R90-17 at 15 Ill. Reg. 7934, effective
    May 9, 1991; amended in R90-11 at 15 Ill. Reg. 9323, effective June 17, 1991; amended in R91-
    1 at 15 Ill. Reg. 14446, effective September 30, 1991; amended in R91-13 at 16 Ill. Reg. 9489,
    effective June 9, 1992; amended in R92-1 at 16 Ill. Reg. 17636, effective November 6, 1992;
    amended in R92-10 at 17 Ill. Reg. 5625, effective March 26, 1993; amended in R93-4 at 17 Ill.
    Reg. 20545, effective November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6720, effective
    April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12160, effective July 29, 1994; amended in
    R94-17 at 18 Ill. Reg. 17480, effective November 23, 1994; amended in R95-6 at 19 Ill. Reg.
    9508, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 10929, August 1, 1996;
    amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 256, effective December 16, 1997; amended in
    R98-12 at 22 Ill. Reg. 7590, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill.
    Reg. 17496, effective September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg.
    1704, effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9094, effective July 26,
    1999; amended in R00-5 at 24 Ill. Reg. 1063, effective January 6, 2000; amended in R00-13 at

    16
    24 Ill. Reg. 9443, effective June 20, 2000; amended in R01-3 at 25 Ill. Reg. ________, effective
    ______________________.
    SUBPART B: DEFINITIONS
    Section 720.111 References
    The following documents are incorporated by reference for the purposes of this Part and 35 Ill.
    Adm. Code 703 through 705, 721 through 726, 728, 730, 733, 738, and 739:
    a) Non-Regulatory Government Publications and Publications of Recognized
    Organizations and Associations:
    ACI. Available from the American Concrete Institute, Box 19150,
    Redford Station, Detroit, Michigan 48219:
    ACI 318-83: “Building Code Requirements for Reinforced
    Concrete”, adopted September 1983.
    ANSI. Available from the American National Standards Institute, 1430
    Broadway, New York, New York 10018, 212-354-3300:
    ANSI B31.3 and B31.4. See ASME/ANSI B31.3 and B31.4.
    API. Available from the American Petroleum Institute, 1220 L Street,
    N.W., Washington, D.C. 20005, 202-682-8000:
    “Cathodic Protection of Underground Petroleum Storage Tanks
    and Piping Systems”, API Recommended Practice 1632, Second
    Edition, December 1987.
    “Evaporative Loss from External Floating-Roof Tanks”, API
    Publication 2517, Third Edition, February 1989.
    “Guide for Inspection of Refinery Equipment, Chapter XIII,
    Atmospheric and Low Pressure Storage Tanks”, 4th Edition, 1981,
    reaffirmed December 1987.
    “Installation of Underground Petroleum Storage Systems”, API
    Recommended Practice 1615, Fourth Edition, November 1987.
    APTI. Available from the Air and Waste Management Association, Box
    2861, Pittsburgh, PA 15230, 412-232-3444:

    17
    APTI Course 415: Control of Gaseous Emissions, USEPA
    Publication EPA-450/2-81-005, December 1981.
    ASME. Available from the American Society of Mechanical Engineers,
    345 East 47th Street, New York, NY 10017, 212-705-7722:
    “Chemical Plant and Petroleum Refinery Piping”, ASME/ANSI
    B31.3-1987, as supplemented by B31.3a-1988 and B31.3b-1988.
    Also available from ANSI.
    “Liquid Transportation Systems for Hydrocarbons, Liquid
    Petroleum Gas, Anhydrous Ammonia, and Alcohols”,
    ASME/ANSI B31.4-1986, as supplemented by B31.4a-1987. Also
    available from ANSI.
    ASTM. Available from American Society for Testing and Materials, 1916
    Race Street, Philadelphia, PA 19103, 215-299-5400:
    ASTM C 94-90, Standard Specification for Ready-Mixed
    Concrete, approved March 30, 1990.
    ASTM D 88-87, Standard Test Method for Saybolt Viscosity,
    April 24, 1981, reapproved January 1987.
    ASTM D 93-85, Standard Test Methods for Flash Point by Pensky-
    Martens Closed Tester, approved October 25, 1985.
    ASTM D 1946-90, Standard Practice for Analysis of Reformed
    Gas by Gas Chromatography, approved March 30, 1990.
    ASTM D 2161-87, Standard Practice for Conversion of Kinematic
    Viscosity to Saybolt Universal or to Saybolt Furol Viscosity,
    March 27, 1987.
    ASTM D 2267-88, Standard Test Method for Aromatics in Light
    Naphthas and Aviation Gasolines by Gas Chromatography,
    approved November 17, 1988.
    ASTM D 2382-88, Standard Test Method for Heat of Combustion
    of Hydrocarbon Fuels by Bomb Calorimeter (High Precision
    Method), approved October 31, 1988.
    ASTM D 2879-92, Standard Test Method for Vapor Pressure-
    Temperature Relationship and Initial Decomposition Temperature
    of Liquids by Isoteniscope, approved 1992.

    18
    ASTM D 3828-87, Standard Test Methods for Flash Point of
    Liquids by Setaflash Closed Tester, approved December 14, 1988.
    ASTM E 168-88, Standard Practices for General Techniques of
    Infrared Quantitative Analysis, approved May 27, 1988.
    ASTM E 169-87, Standard Practices for General Techniques of
    Ultraviolet-Visible Quantitative Analysis, approved February 1,
    1987.
    ASTM E 260-85, Standard Practice for Packed Column Gas
    Chromatography, approved June 28, 1985.
    ASTM Method G 21-70 (1984a), Standard Practice for
    Determining Resistance of Synthetic Polymer Materials to Fungi.
    ASTM Method G 22-76 (1984b), Standard Practice for
    Determining Resistance of Plastics to Bacteria.
    MICE. Methods Information Communication Exchange Service, 703-
    821-4690:
    “Test Methods for Evaluating Solid Waste, Physical/Chemical
    Methods”, USEPA Publication number SW-846, Update IIIA
    (April 1998).
    GPO. Available from the Superintendent of Documents, U.S. Government
    Printing Office, Washington, D.C. 20402,202-512-1800:
    Standard Industrial Classification Manual (1972), and 1977
    Supplement, republished in 1983.
    “Test Methods for Evaluating Solid Waste, Physical/Chemical
    Methods”, USEPA Publication number SW-846 (Third Edition,
    November 1986), as amended by Updates I (July 1992), II
    (September 1994), IIA (August, 1993), IIB (January 1995), and III
    (December 1996) (Document Number 955-001-00000-1).
    NACE. Available from the National Association of Corrosion Engineers,
    1400 South Creek Dr., Houston, TX 77084, 713-492-0535:
    “Control of External Corrosion on Metallic Buried, Partially
    Buried, or Submerged Liquid Storage Systems”, NACE
    Recommended Practice RP-02-85, approved March 1985.

    19
    NFPA. Available from the National Fire Protection Association,
    Batterymarch Park, Boston, MA 02269, 617-770-3000 or 800-344-3555:
    “Flammable and Combustible Liquids Code” NFPA 30, issued
    July 17, 1987. Also available from ANSI.
    NTIS. Available from the U.S. Department of Commerce, National
    Technical Information Service, 5285 Port Royal Road, Springfield, VA
    22161, 703-605-6000 or 800-553-6847:
    APTI Course 415: Control of Gaseous Emissions, USEPA
    Publication EPA-450/2-81-005 PB80208895, December 1981.
    “Generic Quality Assurance Project Plan for Land Disposal
    Restrictions Program”, EPA/530-SW-87-011, March 15, 1987
    (document number PB88-170766).
    “Guideline on Air Quality Models”, Revised 1986 (document
    number PB86-245-248 (Guideline) and PB88-150-958
    (Supplement), also set forth at 40 CFR 51, Appendix W).
    “Method 164, Revision A, n-Hexane Extractable Material (HEM;
    Oil and Grease) and Silica Gel Treated n-Hexane Extractable
    Material (SGT-HEM; Non-polar Material) by Extraction and
    Gravimetry” (document number PB99-121949).
    “Methods for Chemical Analysis of Water and Wastes”, Third
    Edition, March 1983 (document number PB84-128677).
    “Methods Manual for Compliance with BIF Regulations”,
    December 1990 (document number PB91-120-006).
    “Petitions to Delist Hazardous Wastes — A Guidance Manual,
    Second Edition”, EPA/530-R-93-007, March 1993 (document
    number PB93-169 365).
    “Screening Procedures for Estimating the Air Quality Impact of
    Stationary Sources”, October 1992, Publication Number EPA-
    450/R-92-019.
    “Test Methods for Evaluating Solid Waste, Physical/Chemical
    Methods”, USEPA Publication number SW-846 (Third Edition,
    November 1986), as amended by Updates I (July 1992), II
    (September 1994), IIA (August 1993), IIB (January 1995), III

    20
    (December 1996), and IIIA (April 1998) (document number 955-
    001-00000-1).
    OECD. Organisation for Economic Co-operation and Development,
    Environment Directorate, 2 rue Andre Pascal, 75775 Paris Cedex 16,
    France:
    OECD Guideline for Testing of Chemicals, Method 301B: “CO2
    Evolution (Modified Sturm Test)”, adopted 17 July 1992.
    Table 2.B of the Annex of OECD Council Decision C(88)90(Final)
    of 27 May 1988.
    STI. Available from the Steel Tank Institute, 728 Anthony Trail,
    Northbrook, IL 60062, 708-498-1980:
    “Standard for Dual Wall Underground Steel Storage Tanks”
    (1986).
    USDOD. Available from the United States Department of Defense:
    “DOD Ammunition and Explosive Safety Standards” (DOD
    6055.9-STD), as in effect on November 8, 1995.
    The Motor Vehicle Inspection Report (DD Form 626), as in effect
    on November 8, 1995.
    Requisition Tracking Form (DD Form 1348), as in effect on
    November 8, 1995.
    The Signature and Tally Record (DD Form 1907), as in effect on
    November 8, 1995.
    Special Instructions for Motor Vehicle Drivers (DD Form 836), as
    in effect on November 8, 1995.
    USEPA. Available from United States Environmental Protection Agency,
    Office of Drinking Water, State Programs Division, WH 550 E,
    Washington, D.C. 20460:
    “Technical Assistance Document: Corrosion, Its Detection and
    Control in Injection Wells”, EPA 570/9-87-002, August 1987.
    USEPA. Available from Receptor Analysis Branch, USEPA (MD-14),
    Research Triangle Park, NC 27711:

    21
    “Screening Procedures for Estimating the Air Quality Impact of
    Stationary Sources, Revised”, October 1992, Publication Number
    EPA-450/R-92-019.
    USEPA. Available from RCRA Information Center (RIC), 1235
    Jefferson-Davis Highway, first floor, Arlington, VA 22203 (Docket # F-
    94-IEHF-FFFFF):
    OECD Amber List of Wastes, Appendix 4 to the OECD Council
    Decision C(92)39/FINAL (Concerning the Control of Transfrontier
    Movements of Wastes Destined for Recovery Operations) (May
    1993).
    OECD Green List of Wastes, Appendix 3 to the OECD Council
    Decision C(92)39/FINAL (Concerning the Control of Transfrontier
    Movements of Wastes Destined for Recovery Operations) (May
    1994).
    OECD Red List of Wastes, Appendix 5 to the OECD Council
    Decision C(92)39/FINAL (Concerning the Control of Transfrontier
    Movements of Wastes Destined for Recovery Operations) (May
    1993).
    Table 2.B of the Annex of OECD Council Decision C(88)90(Final)
    (May 27, 1988).
    USGSA. Available from the United States Government Services
    Administration:
    Government Bill of Lading (GBL) (GSA Standard Form 1109), as
    in effect on November 8, 1995.
    b) Code of Federal Regulations. Available from the Superintendent of Documents,
    U.S. Government Printing Office, Washington, D.C. 20401, 202-783-3238:
    10 CFR 20, Appendix B (1999)
    40 CFR 51.100(ii) (1999)
    40 CFR 51, Appendix W (1999)
    40 CFR 52.741, Appendix B (1999)
    40 CFR 60 (1999)

    22
    40 CFR 61, Subpart V (1999)
    40 CFR 63 (1999)
    40 CFR 136 (1999), as amended at 64 Fed. Reg. 73414 (December 30,
    1999) and 65 Fed. Reg. 3008 (January 19, 2000)
    40 CFR 142 (1999)
    40 CFR 220 (1999)
    40 CFR 232.2 (1999)
    40 CFR 260.20 (1999)
    40 CFR 264 (1999)
    40 CFR 268.41 (1990)
    40 CFR 268., Appendix IX (1999)
    40 CFR 270.5 (1999)
    40 CFR 302.4, 302.5, and 302.6 (1999)
    40 CFR 761 (1999)
    49 CFR 171 (1999)
    49 CFR 173 (1999)
    49 CFR 178 (1999)
    c) Federal Statutes
    Section 3004 of the Resource Conservation and Recovery Act (42 USC
    6901 et seq.), as amended through December 31, 1987.
    Sections 201(v), 201(w), and 360b(j) of the Federal Food, Drug, and
    Cosmetic Act (FFDCA; 21 USC 321(v), 321(w), and 512(j)), as amended
    through October 25, 1994.
    Section 1412 of the Department of Defense Authorization Act of 1986,
    Pub. L. 99-145, 50 USC 1521(j)(1) (1997).

    23
    d) This Section incorporates no later editions or amendments.
    (Source: Amended at 25 Ill. Reg. ________, effective ______________________)
    TITLE 35: ENVIRONMENTAL PROTECTION
    SUBTITLE G: WASTE DISPOSAL
    CHAPTER I: POLLUTION CONTROL BOARD
    SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
    PART 721
    IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
    SUBPART A: GENERAL PROVISIONS
    Section
    721.101 Purpose and Scope
    721.102 Definition of Solid Waste
    721.103 Definition of Hazardous Waste
    721.104 Exclusions
    721.105 Special Requirements for Hazardous Waste Generated by Small Quantity
    Generators
    721.106 Requirements for Recyclable Materials
    721.107 Residues of Hazardous Waste in Empty Containers
    721.108 PCB Wastes Regulated under TSCA
    721.109 Requirements for Universal Waste
    SUBPART B: CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF
    HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES
    Section
    721.110 Criteria for Identifying the Characteristics of Hazardous Waste
    721.111 Criteria for Listing Hazardous Waste
    SUBPART C: CHARACTERISTICS OF HAZARDOUS WASTE
    Section
    721.120 General
    721.121 Characteristic of Ignitability
    721.122 Characteristic of Corrosivity
    721.123 Characteristic of Reactivity
    721.124 Toxicity Characteristic
    SUBPART D: LISTS OF HAZARDOUS WASTE
    Section
    721.130 General
    721.131 Hazardous Wastes From from Nonspecific Sources

    24
    721.132 Hazardous Waste from Specific Sources
    721.133 Discarded Commercial Chemical Products, Off-Specification Species, Container
    Residues, and Spill Residues Thereof
    721.135 Wood Preserving Wastes
    721.138 Comparable or Syngas Fuel Exclusion
    721.Appendix A Representative Sampling Methods
    721.Appendix B Method 1311 Toxicity Characteristic Leaching Procedure (TCLP)
    721.Appendix C Chemical Analysis Test Methods
    Table A Analytical Characteristics of Organic Chemicals (Repealed)
    Table B Analytical Characteristics of Inorganic Species (Repealed)
    Table C Sample Preparation/Sample Introduction Techniques (Repealed)
    721.Appendix G Basis for Listing Hazardous Wastes
    721.Appendix H Hazardous Constituents
    721.Appendix I Wastes Excluded by Administrative Action
    Table A Wastes Excluded by U.S. EPA under 40 CFR 260.20 and 260.22 from
    Non-Specific Sources
    Table B Wastes Excluded by USEPA under 40 CFR 260.20 and 260.22 from
    Specific Sources
    Table C Wastes Excluded by U.S. EPA under 40 CFR 260.20 and 260.22 from
    Commercial Chemical Products, Off-Specification Species, Container
    Residues, and Soil Residues Thereof
    Table D Wastes Excluded by the Board by Adjusted Standard
    721.Appendix J Method of Analysis for Chlorinated Dibenzo-p-Dioxins and
    Dibenzofurans (Repealed)
    721.Appendix Y Table to Section 721.138
    721.Appendix Z Table to Section 721.102
    AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
    Environmental Protection Act [415 ILCS 5/7.2, 22.4 and 27].
    SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and
    codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-18 at 7 Ill. Reg.
    2518, effective February 22, 1983; amended in R82-19 at 7 Ill. Reg. 13999, effective October 12,
    1983; amended in R84-34, 61 at 8 Ill. Reg. 24562, effective December 11, 1984; amended in
    R84-9 at 9 Ill. Reg. 11834, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 998,
    effective January 2, 1986; amended in R85-2 at 10 Ill. Reg. 8112, effective May 2, 1986;
    amended in R86-1 at 10 Ill. Reg. 14002, effective August 12, 1986; amended in R86-19 at 10 Ill.
    Reg. 20647, effective December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6035, effective
    March 24, 1987; amended in R86-46 at 11 Ill. Reg. 13466, effective August 4, 1987; amended in
    R87-32 at 11 Ill. Reg. 16698, effective September 30, 1987; amended in R87-5 at 11 Ill. Reg.
    19303, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2456, effective January
    15, 1988; amended in R87-30 at 12 Ill. Reg. 12070, effective July 12, 1988; amended in R87-39
    at 12 Ill. Reg. 13006, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 382, effective
    December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18300, effective November 13, 1989;

    25
    amended in R90-2 at 14 Ill. Reg. 14401, effective August 22, 1990; amended in R90-10 at 14 Ill.
    Reg. 16472, effective September 25, 1990; amended in R90-17 at 15 Ill. Reg. 7950, effective
    May 9, 1991; amended in R90-11 at 15 Ill. Reg. 9332, effective June 17, 1991; amended in R91-
    1 at 15 Ill. Reg. 14473, effective September 30, 1991; amended in R91-12 at 16 Ill. Reg. 2155,
    effective January 27, 1992; amended in R91-26 at 16 Ill. Reg. 2600, effective February 3, 1992;
    amended in R91-13 at 16 Ill. Reg. 9519, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg.
    17666, effective November 6, 1992; amended in R92-10 at 17 Ill. Reg. 5650, effective March 26,
    1993; amended in R93-4 at 17 Ill. Reg. 20568, effective November 22, 1993; amended in R93-16
    at 18 Ill. Reg. 6741, effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12175, effective
    July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17490, effective November 23, 1994; amended
    in R95-6 at 19 Ill. Reg. 9522, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 10963,
    effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 275, effective
    December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7615, effective April 15, 1998; amended
    in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17531, effective September 28, 1998; amended in R98-
    21/R99-2/R99-7 at 23 Ill. Reg. 1718, effective January 19, 1999; amended in R99-15 at 23 Ill.
    Reg. 9135, effective July 26, 1999; amended in R00-13 at 24 Ill. Reg. 9481, effective June 20,
    2000; amended in R01-3 at 25 Ill. Reg. ________, effective ______________________.
    SUBPART D: LISTS OF HAZARDOUS WASTE
    Section 721.131 Hazardous Wastes From from Nonspecific Sources
    a) The following solid wastes are listed hazardous wastes from non-specific sources
    unless they are excluded under 35 Ill. Adm. Code 720.120 and 720.122 and listed
    in Section Appendix I of this Part.
    USEPA
    Hazardous
    Waste No. Industry and Hazardous Waste
    Hazard
    Code
    F001 The following spent halogenated solvents used in
    degreasing: tetrachloroethylene, trichloroethylene,
    methylene chloride, 1,1,1-trichloroethane, carbon tetra-
    chloride and chlorinated fluorocarbons; all spent solvent
    mixtures and blends used in degreasing containing,
    before use, a total of ten percent or more (by volume) of
    one or more of the above halogenated solvents or those
    solvents listed in F002, F004 or F005; and still bottoms
    from the recovery of these spent solvents and spent
    solvent mixtures.
    (T)

    26
    F002 The following spent halogenated solvents: tetrachloro-
    ethylene, methylene chloride, trichloroethylene, 1,1,1-
    trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2-tri-
    fluoroethane, orthodichlorobenzene, trichloro-
    fluoromethane and 1,1,2-trichloroethane; all spent
    solvent mixtures and blends containing, before use, a
    total of ten percent or more (by volume) of one or more
    of the above halogenated solvents or those solvents
    listed in F001, F004 or F005; and still bottoms from the
    recovery of these spent solvents and spent solvent
    mixtures.
    (T)
    F003 The following spent non-halogenated solvents: xylene,
    acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl
    isobutyl ketone, n-butyl alcohol, cyclohexanone and
    methanol; all spent solvent mixtures and blends
    containing, before use, only the above spent non-
    halogenated solvents; and all spent solvent mixtures and
    blends containing, before use, one or more of the above
    non-halogenated solvents and a total of ten percent or
    more (by volume) of one or more of those solvents listed
    in F001, F002, F004 or F005; and still bottoms from the
    recovery of these spent solvents and spent solvent
    mixtures.
    (I)
    F004 The following spent non-halogenated solvents: cresols
    and cresylic acid and nitrobenzene; all spent solvent
    mixtures and blends containing, before use, a total of ten
    percent or more (by volume) of one or more of the above
    non-halogenated solvents or those solvents listed in
    F001, F002 or F005; and still bottoms from the recovery
    of these spent solvents and spent solvent mixtures.
    (T)
    F005 The following spent non-halogenated solvents: toluene,
    methyl ethyl ketone, carbon disulfide, isobutanol,
    pyridine, benzene, 2-ethoxyethanol and 2-nitropropane;
    all spent solvent mixtures and blends, containing, before
    use, a total of ten percent or more (by volume) of one or
    more of the above non-halogenated solvents or those
    solvents listed in F001, F002 or F004; and still bottoms
    from the recovery of these spent solvents and spent
    solvent mixtures.
    (I, T)

    27
    F006 Wastewater treatment sludges from electroplating
    operations except from the following processes: (1)
    sulfuric acid anodizing of aluminum; (2) tin plating on
    carbon steel; (3) zinc plating (segregated basis) on
    carbon steel; (4) aluminum or zinc-aluminum plating on
    carbon steel; (5) cleaning/stripping associated with tin,
    zinc and aluminum plating on carbon steel; and (6)
    chemical etching and milling of aluminum.
    (T)
    F007 Spent cyanide plating bath solutions from electroplating
    operations.
    (R, T)
    F008 Plating bath residues from the bottom of plating baths
    from electroplating operations where cyanides are used
    in the process.
    (R, T)
    F009 Spent stripping and cleaning bath solutions from
    electroplating operations where cyanides are used in the
    process.
    (R, T)
    F010 Quenching bath residues from oil baths from metal heat
    treating operations where cyanides are used in the
    process.
    (R, T)
    F011 Spent cyanide solutions from salt bath pot cleaning from
    metal heat treating operations.
    (R, T)
    F012 Quenching wastewater treatment sludges from metal
    heat treating operations where cyanides are used in the
    process.
    (T)
    F019 Wastewater treatment sludges from the chemical
    conversion coating of aluminum except from zirconium
    phosphating in aluminum can washing when such
    phosphating is an exclusive conversion coating process.
    (T)
    F020 Wastes (except wastewater and spent carbon from
    hydrogen chloride purification) from the production or
    manufacturing use (as a reactant, chemical intermediate
    or component in a formulating process) of tri- or tetra-
    chlorophenol, or of intermediates used to produce their
    pesticide derivatives. (This listing does not include
    wastes from the production of hexachlorophene from
    highly purified 2,4,5-trichlorophenol.)
    (H)

    28
    F021 Wastes (except wastewater and spent carbon from
    hydrogen chloride purification) from the production or
    manufacturing use (as a reactant, chemical intermediate
    or component in a formulating process) of pentachloro-
    phenol, or of intermediates used to produce its
    derivatives.
    (H)
    F022 Wastes (except wastewater and spent carbon from
    hydrogen chloride purification) from the manufacturing
    use (as a reactant, chemical intermediate or component
    in a formulating process) of tetra-, penta- or hexachloro-
    benzenes under alkaline conditions.
    (H)
    F023 Wastes (except wastewater and spent carbon from
    hydrogen chloride purification) from the production of
    materials on equipment previously used for the
    production or manufacturing use (as a reactant, chemical
    intermediate or component in a formulating process) of
    tri- and tetrachlorophenols. (This listing does not
    include wastes from equipment used only for the
    production or use of hexachlorophene from highly
    purified 2,4,5-trichlorophenol.)
    (H)
    F024 Process wastes, including but not limited to, distillation
    residues, heavy ends, tars, and reactor cleanout wastes,
    from the production of certain chlorinated aliphatic
    hydrocarbons by free radical catalyzed processes. These
    chlorinated aliphatic hydrocarbons are those having
    carbon chain lengths ranging from one to and including
    five, with varying amounts and positions of chlorine
    substitution. (This listing does not include wastewaters,
    wastewater treatment sludges, spent catalysts and wastes
    listed in this Section or Section 721.132.)
    (T)
    F025 Condensed light ends, spent filters and filter aids, and
    spent desiccant wastes from the production of certain
    chlorinated aliphatic hydrocarbons by free radical
    catalyzed processes. These chlorinated aliphatic
    hydrocarbons are those having carbon chain lengths
    ranging from one to and including five, with varying
    amounts and positions of chlorine substitution.
    (T)

    29
    F026 Wastes (except wastewater and spent carbon from
    hydrogen chloride purification) from the production of
    materials on equipment previously used for the
    manufacturing use (as a reactant, chemical intermediate
    or component in a formulating process) of tetra-, penta-
    or hexachlorobenzene under alkaline conditions.
    (H)
    F027 Discarded unused formulations containing tri-, tetra- or
    pentachlorophenol or discarded unused formulations
    containing compounds derived from these chloro-
    phenols. (This listing does not include formulations
    containing hexachlorophene synthesized from
    prepurified 2,4,5-trichlorophenol as the sole
    component.).
    (H)
    F028 Residues resulting from the incineration or thermal
    treatment of soil contaminated with hazardous waste
    numbers F020, F021, F022, F023, F026 and F027.
    (T)
    F032 Wastewaters, (except those that have not come into
    contact with process contaminants), process residuals,
    preservative drippage and spent formulations from wood
    preserving processes generated at plants that currently
    use or have previously used chlorophenolic formulations
    (except potentially cross-contaminated wastes that have
    had the F032 waste code deleted in accordance with
    Section 721.135 and where the generator does not
    resume or initiate use of chlorophenolic formulations).
    This listing does not include K001 bottom sediment
    sludge from the treatment of wastewater from wood
    preserving processes that use creosote or pentachloro-
    phenol.
    (T)
    F034 Wastewaters, (except those that have not come into
    contact with process contaminants), process residuals,
    preservative drippage and spent formulations from wood
    preserving processes generated at plants that use
    creosote formulations. This listing does not include
    K001 bottom sediment sludge from the treatment of
    wastewater from wood preserving processes that use
    creosote or pentachlorophenol.
    (T)

    30
    F035 Wastewaters, (except those that have not come into
    contact with process contaminants), process residuals,
    preservative drippage and spent formulations from wood
    preserving processes generated at plants that use
    inorganic preservatives containing arsenic or chromium.
    This listing does not include K001 bottom sediment
    sludge from the treatment of wastewater from wood
    preserving processes that use creosote or pentachloro-
    phenol.
    (T)
    F037 Petroleum refinery primary oil/water/solids separation
    sludge -- Any sludge generated from the gravitational
    separation of oil/water/solids during the storage or
    treatment of process wastewaters and oily cooling
    wastewaters from petroleum refineries. Such sludges
    include, but are not limited to, those generated in:
    oil/water/solids separators; tanks and impoundments;
    ditches and other conveyances; sumps; and stormwater
    units receiving dry weather flow. Sludges Sludge
    generated in stormwater units that do not receive dry
    weather flow, sludges sludge generated from non-
    contact once-through cooling waters segregated for
    treatment from other process or oily cooling waters,
    sludges sludge generated in aggressive biological
    treatment units as defined in subsection (b)(2), below, of
    this Section (including sludges sludge generated in one
    or more additional units after wastewaters have been
    treated in aggressive biological treatment units), and
    K051 wastes are not included in this listing. This listing
    does include residuals generated from processing or
    recycling oil-bearing hazardous secondary materials
    excluded under Section 721.104(a)(12)(A) if those
    residuals are to be disposed of.
    (T)

    31
    F038 Petroleum refinery secondary (emulsified)
    oil/water/solids separation sludge -- Any sludge or float
    generated from the physical or chemical separation of
    oil/water/solids in process wastewaters and oily cooling
    wastewaters from petroleum refineries. Such wastes
    include, but are not limited to, all sludges and floats
    generated in: induced air floatation (IAF) units, tanks
    and impoundments, and all sludges generated in
    dissolved air flotation (DAF) units. Sludges generated
    in stormwater units that do not receive dry weather flow,
    sludges generated from non-contact once-through
    cooling waters segregated for treatment from other
    process or oily cooling waters, sludges and floats
    generated in aggressive biological treatment units as
    defined in subsection (b)(2), below of this Section
    (including sludges and floats generated in one or more
    additional units after wastewaters have been treated in
    aggressive biological treatment units), F037, K048 and
    K051 wastes are not included in this listing.
    (T)
    F039 Leachate (liquids which have percolated through land
    disposed wastes) resulting from the disposal of more
    than one restricted waste classified as hazardous under
    Subpart D. (Leachate resulting from the disposal of one
    or more of the following USEPA hazardous wastes and
    no other hazardous wastes retains its USEPA hazardous
    waste number(s): F020, F021, F022, F026, F027 or
    F028.)
    (T)
    BOARD NOTE: The primary hazardous properties of these materials have been
    indicated by the letters T (Toxicity), R (Reactivity), I (Ignitability), and C
    (Corrosivity). The letter H indicates Acute Hazardous Waste.
    b) Listing specific definitions.
    1) For the purpose of the F037 and F038 listings, oil/water/solids is defined
    as oil or water or solids.
    2) For the purposes of the F037 and F038 listings:
    A) Aggressive biological treatment units are defined as units which
    employ one of the following four treatment methods: activated
    sludge; trickling filter; rotating biological contactor for the
    continuous accelerated biological oxidation of wastewaters; or,
    high-rate aeration. High-rate aeration is a system of surface

    32
    impoundments or tanks, in which intense mechanical aeration is
    used to completely mix the wastes, enhance biological activity,
    and:
    i) The units employ a minimum of six horsepower per million
    gallons of treatment volume; and either
    ii) The hydraulic retention time of the unit is no longer than
    five days; or
    iii) The hydraulic retention time is no longer than 30 days and
    the unit does not generate a sludge that is a hazardous waste
    by the toxicity characteristic.
    B) Generators and treatment, storage or disposal (TSD) facilities have
    the burden of proving that their sludges are exempt from listing as
    F037 or F038 wastes under this definition. Generators and TSD
    facilities shall must maintain, in their operating or other on site
    records, documents and data sufficient to prove that:
    i) The unit is an aggressive biological treatment unit as
    defined in this subsection; and
    ii) The sludges sought to be exempted from F037 or F038
    were actually generated in the aggressive biological
    treatment unit.
    3) Time of generation. For the purposes of the designated waste, the time of
    generation is as follows:
    A) For the F037 listing, sludges are considered to be generated at the
    moment of deposition in the unit, where deposition is defined as at
    least a temporary cessation of lateral particle movement.
    B) For the F038 listing:
    i) Sludges are considered to be generated at the moment of
    deposition in the unit, where deposition is defined as at
    least a temporary cessation of lateral particle movement;
    and
    ii) Floats are considered to be generated at the moment they
    are formed in the top of the unit.
    (Source: Amended at 25 Ill. Reg. ________, effective ______________________)

    33
    TITLE 35: ENVIRONMENTAL PROTECTION
    SUBTITLE G: WASTE DISPOSAL
    CHAPTER I: POLLUTION CONTROL BOARD
    SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
    PART 728
    LAND DISPOSAL RESTRICTIONS
    SUBPART A: GENERAL
    Section
    728.101 Purpose, Scope, and Applicability
    728.102 Definitions
    728.103 Dilution Prohibited as a Substitute for Treatment
    728.104 Treatment Surface Impoundment Exemption
    728.105 Procedures for case-by-case Extensions to an Effective Date
    728.106 Petitions to Allow Land Disposal of a Waste Prohibited under Subpart C
    728.107 Testing, Tracking, and Recordkeeping Requirements for Generators, Treaters, and
    Disposal Facilities
    728.108 Landfill and Surface Impoundment Disposal Restrictions (Repealed)
    728.109 Special Rules for Characteristic Wastes
    SUBPART B: SCHEDULE FOR LAND DISPOSAL PROHIBITION AND
    ESTABLISHMENT OF TREATMENT STANDARDS
    Section
    728.110 First Third (Repealed)
    728.111 Second Third (Repealed)
    728.112 Third Third (Repealed)
    728.113 Newly Listed Wastes
    728.114 Surface Impoundment exemptions
    SUBPART C: PROHIBITION ON LAND DISPOSAL
    Section
    728.130 Waste Specific Prohibitions -- Wood Preserving Wastes
    728.131 Waste Specific Prohibitions -- Dioxin-Containing Wastes
    728.132 Waste Specific Prohibitions -- California List Wastes (Repealed)
    728.133 Waste-Specific Prohibitions -- Organobromine Wastes (Repealed)
    728.134 Waste-Specific Prohibitions -- Toxicity Characteristic Metal Wastes
    728.135 Waste Specific Prohibitions -- Petroleum Refining Wastes
    728.136 Waste Specific Prohibitions -- Newly Listed Wastes (Repealed)
    728.137 Waste Specific Prohibitions -- Ignitable and Corrosive Characteristic Wastes
    Whose Treatment Standards Were Vacated
    728.138 Waste-Specific Prohibitions: Newly-Identified Organic Toxicity Characteristic
    Wastes and Newly-Listed Coke By-Product and Chlorotoluene Production Wastes

    34
    728.139 Waste-Specific Prohibitions: Spent Aluminum Potliners and Carbamate Wastes
    SUBPART D: TREATMENT STANDARDS
    Section
    728.140 Applicability of Treatment Standards
    728.141 Treatment Standards Expressed as Concentrations in Waste Extract
    728.142 Treatment Standards Expressed as Specified Technologies
    728.143 Treatment Standards Expressed as Waste Concentrations
    728.144 Adjustment of Treatment Standard
    728.145 Treatment Standards for Hazardous Debris
    728.146 Alternative Treatment Standards Based on HTMR
    728.148 Universal Treatment Standards
    728.149 Alternative LDR Treatment Standards for Contaminated Soil
    SUBPART E: PROHIBITIONS ON STORAGE
    Section
    728.150 Prohibitions on Storage of Restricted Wastes
    728.Appendix A Toxicity Characteristic Leaching Procedure (TCLP) (Repealed)
    728.Appendix B Treatment Standards (As concentrations in the Treatment Residual
    Extract) (Repealed)
    728.Appendix C List of Halogenated Organic Compounds (Repealed)
    728.Appendix D Wastes Excluded from Lab Packs
    728.Appendix E Organic Lab Packs (Repealed)
    728.Appendix F Technologies to Achieve Deactivation of Characteristics
    728.Appendix G Federal Effective Dates
    728.Appendix H National Capacity LDR Variances for UIC Wastes
    728.Appendix I EP Toxicity Test Method and Structural Integrity Test
    728.Appendix J Recordkeeping, Notification, and Certification Requirements (Repealed)
    728.Appendix K Metal Bearing Wastes Prohibited From Dilution in a Combustion Unit
    According to Section 728.103(c)
    728.Table A Constituent Concentrations in Waste Extract (CCWE)
    728.Table B Constituent Concentrations in Wastes (CCW)
    728.Table C Technology Codes and Description of Technology-Based Standards
    728.Table D Technology-Based Standards by RCRA Waste Code
    728.Table E Standards for Radioactive Mixed Waste
    728.Table F Alternative Treatment Standards for Hazardous Debris
    728.Table G Alternative Treatment Standards Based on HTMR
    728.Table H Wastes Excluded from CCW Treatment Standards
    728.Table I Generator Paperwork Requirements
    728.Table T Treatment Standards for Hazardous Wastes
    728.Table U Universal Treatment Standards (UTS)
    AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the

    35
    Environmental Protection Act [415 ILCS 5/7.2, 22.4 and 27].
    SOURCE: Adopted in R87-5 at 11 Ill. Reg. 19354, effective November 12, 1987; amended in
    R87-39 at 12 Ill. Reg. 13046, effective July 29, 1988; amended in R89-1 at 13 Ill. Reg. 18403,
    effective November 13, 1989; amended in R89-9 at 14 Ill. Reg. 6232, effective April 16, 1990;
    amended in R90-2 at 14 Ill. Reg. 14470, effective August 22, 1990; amended in R90-10 at 14 Ill.
    Reg. 16508, effective September 25, 1990; amended in R90-11 at 15 Ill. Reg. 9462, effective
    June 17, 1991; amended at 15 Ill. Reg. 11937, effective August 12, 1991; amendment withdrawn
    at 15 Ill. Reg. 14716, October 11, 1991; amended in R91-13 at 16 Ill. Reg. 9619, effective June
    9, 1992; amended in R92-10 at 17 Ill. Reg. 5727, effective March 26, 1993; amended in R93-4 at
    17 Ill. Reg. 20692, effective November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6799,
    effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12203, effective July 29, 1994;
    amended in R94-17 at 18 Ill. Reg. 17563, effective November 23, 1994; amended in R95-6 at 19
    Ill. Reg. 9660, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11100, August 1,
    1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 783, effective December 16, 1997;
    amended in R98-12 at 22 Ill. Reg. 7685, effective April 15, 1998; amended in R97-21/R98-
    3/R98-5 at 22 Ill. Reg. 17706, effective September 28, 1998; amended in R98-21/R99-2/R99-7 at
    23 Ill. Reg. 1964, effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9204, effective
    July 26, 1999; amended in R00-13 at 24 Ill. Reg. 9623, effective June 20, 2000; amended in R01-
    3 at 25 Ill. Reg. ________, effective ______________________.
    Section 728.Appendix G Federal Effective Dates
    The following are the effective dates for the USEPA rules in 40 CFR 268. These generally became
    effective as Illinois rules at a later date.
    TABLE 1
    EFFECTIVE DATES OF SURFACE DISPOSED WASTES (NON-SOIL AND
    DEBRIS) REGULATED IN THE LDRS
    a
    —COMPREHENSIVE LIST
    Waste code Waste category Effective date
    D001
    c
    All (except High TOC Ignitable Liquids) Aug. 9, 1993.
    D001 High TOC Ignitable Liquids Aug. 8, 1990.
    D002
    c
    All Aug. 9, 1993.
    D003
    e
    Newly identified surface-disposed elemental
    phosphorus processing wastes
    May 26, 2000.
    D004 Newly identified D004 and mineral processing
    wastes
    Aug. 24, 1998.
    D004 Mixed radioactive/newly identified D004 or
    mineral processing wastes
    May 26, 2000.
    D005 Newly identified D005 and mineral processing
    wastes
    Aug. 24, 1998.
    D005 Mixed radioactive/newly identified D005 or
    mineral processing wastes
    May 26, 2000.

    36
    D006 Newly identified D006 and mineral processing
    wastes
    Aug. 24, 1998.
    D006 Mixed radioactive/newly identified D006 or
    mineral processing wastes
    May 26, 2000.
    D007 Newly identified D007 and mineral processing
    wastes
    Aug. 24, 1998.
    D007 Mixed radioactive/newly identified D007or
    mineral processing wastes
    May 26, 2000.
    D008 Newly identified D008 and mineral processing
    waste
    Aug. 24, 1998.
    D008 Mixed radioactive/newly identified D008 or
    mineral processing wastes
    May 26, 2000.
    D009 Newly identified D009 and mineral processing
    waste
    Aug. 24, 1998.
    D009 Mixed radioactive/newly identified D009or
    mineral processing wastes
    May 26, 2000.
    D010 Newly identified D010 and mineral processing
    wastes
    Aug. 24, 1998.
    D010 Mixed radioactive/newly identified D010 or
    mineral processing wastes
    May 26, 2000.
    D011 Newly identified D011 and mineral processing
    wastes
    Aug. 24, 1998.
    D011 Mixed radioactive/newly identified D011or
    mineral processing wastes
    May 26, 2000.
    D012 (that exhibit the toxicity
    characteristic based on the
    TCLP)
    d
    All Dec. 14, 1994.
    D013 (that exhibit the toxicity
    characteristic based on the
    TCLP)
    d
    All Dec. 14, 1994.
    D014 (that exhibit the toxicity
    characteristic based on the
    TCLP)
    d
    All Dec. 14, 1994.
    D015 (that exhibit the toxicity
    characteristic based on the
    TCLP)
    d
    All Dec. 14, 1994.
    D016 (that exhibit the toxicity
    characteristic based on the
    TCLP)
    d
    All Dec. 14, 1994.
    D017 (that exhibit the toxicity
    characteristic based on the
    TCLP)
    d
    All Dec. 14, 1994.
    D018 Mixed with radioactive wastes Sep. 19, 1996.
    D018 All others Dec. 19, 1994.
    D019 Mixed with radioactive wastes Sep. 19, 1996.

    37
    D019 All others Dec. 19, 1994.
    D020 Mixed with radioactive wastes Sep. 19, 1996.
    D020 All others Dec. 19, 1994.
    D021 Mixed with radioactive wastes Sep. 19, 1996.
    D021 All others Dec. 19, 1994.
    D022 Mixed with radioactive wastes Sep. 19, 1996.
    D022 All others Dec. 19, 1994.
    D023 Mixed with radioactive wastes Sep. 19, 1996.
    D023 All others Dec. 19, 1994.
    D024 Mixed with radioactive wastes Sep. 19, 1996.
    D024 All others Dec. 19, 1994.
    D025 Mixed with radioactive wastes Sep. 19, 1996.
    D025 All others Dec. 19, 1994.
    D026 Mixed with radioactive wastes Sep. 19, 1996.
    D026 All others Dec. 19, 1994.
    D027 Mixed with radioactive wastes Sep. 19, 1996.
    D027 All others Dec. 19, 1994.
    D028 Mixed with radioactive wastes Sep. 19, 1996.
    D028 All others Dec. 19, 1994.
    D029 Mixed with radioactive wastes Sep. 19, 1996.
    D029 All others Dec. 19, 1994.
    D030 Mixed with radioactive wastes Sep. 19, 1996.
    D030 All others Dec. 19, 1994.
    D031 Mixed with radioactive wastes Sep. 19, 1996.
    D031 All others Dec. 19, 1994.
    D032 Mixed with radioactive wastes Sep. 19, 1996.
    D032 All others Dec. 19, 1994.
    D033 Mixed with radioactive wastes Sep. 19, 1996.
    D033 All others Dec. 19, 1994.
    D034 Mixed with radioactive wastes Sep. 19, 1996.
    D034 All others Dec. 19, 1994.
    D035 Mixed with radioactive wastes Sep. 19, 1996.
    D035 All others Dec. 19, 1994.
    D036 Mixed with radioactive wastes Sep. 19, 1996.
    D036 All others Dec. 19, 1994.
    D037 Mixed with radioactive wastes Sep. 19, 1996.
    D037 All others Dec. 19, 1994.
    D038 Mixed with radioactive wastes Sep. 19, 1996.
    D038 All others Dec. 19, 1994.
    D039 Mixed with radioactive wastes Sep. 19, 1996.
    D039 All others Dec. 19, 1994.
    D040 Mixed with radioactive wastes Sep. 19, 1996.
    D040 All others Dec. 19, 1994.
    D041 Mixed with radioactive wastes Sep. 19, 1996.
    D041 All others Dec. 19, 1994.

    38
    D042 Mixed with radioactive wastes Sep. 19, 1996.
    D042 All others Dec. 19, 1994.
    D043 Mixed with radioactive wastes Sep. 19, 1996.
    D043 All others Dec. 19, 1994.
    F001 Small quantity generators, CERCLA
    response/RCRA corrective action, initial
    generator’s solvent-water mixtures, solvent-
    containing sludges and solids
    Nov. 8, 1988.
    F001 All others Nov. 8, 1986.
    F002 (1,1,2-trichloroethane) Wastewater and Nonwastewater Aug. 8, 1990.
    F002 Small quantity generators, CERCLA
    response/RCRA corrective action, initial
    generator’s solvent-water mixtures, solvent-
    containing sludges and solids
    Nov. 8, 1988.
    F002 All others Nov. 8, 1986.
    F003 Small quantity generators, CERCLA
    response/RCRA corrective action, initial
    generator’s solvent-water mixtures, solvent-
    containing sludges and solids
    Nov. 8, 1988.
    F003 All others Nov. 8, 1986.
    F004 Small quantity generators, CERCLA
    response/RCRA corrective action, initial
    generator’s solvent-water mixtures, solvent-
    containing sludges and solids
    Nov. 8, 1988.
    F004 All others Nov. 8, 1986.
    F005 (benzene, 2-ethoxy
    ethanol, 2-nitropropane)
    Wastewater and Nonwastewater Aug. 8, 1990.
    F005 Small quantity generators, CERCLA
    response/RCRA corrective action, initial
    generator’s solvent-water mixtures, solvent-
    containing sludges and solids
    Nov. 8, 1988.
    F005 All others Nov. 8, 1986.
    F006 Wastewater Aug. 8, 1990.
    F006 Nonwastewater Aug. 8, 1988.
    F006 (cyanides) Nonwastewater July 8, 1989.
    F007 All July 8, 1989.
    F008 All July 8, 1989.
    F009 All July 8, 1989.
    F010 All June 8, 1989.
    F011 (cyanides) Nonwastewater Dec. 8, 1989.
    F011 All others July 8, 1989.
    F012 (cyanides) Nonwastewater Dec. 8, 1989.
    F012 All others July 8, 1989.
    F019 All Aug. 8, 1990.
    F020 All Nov. 8, 1988.

    39
    F021 All Nov. 8, 1988.
    F025 All Aug. 8, 1990.
    F026 All Nov. 8, 1988.
    F027 All Nov. 8, 1988.
    F028 All Nov. 8, 1988.
    F032 Mixed with radioactive wastes May 12, 1999.
    F032 All others Aug. 12, 1997.
    F034 Mixed with radioactive wastes May 12, 1999.
    F034 All others Aug. 12, 1997.
    F035 Mixed with radioactive wastes May 12, 1999.
    F035 All others Aug. 12, 1997.
    F037 Not generated from surface impoundment
    cleanouts or closures
    June 30, 1993.
    F037 Generated from surface impoundment cleanouts
    or closures
    June 30, 1994.
    F037 Mixed with radioactive wastes June 30, 1994.
    F038 Not generated from surface impoundment
    cleanouts or closures
    June 30, 1993.
    F038 Generated from surface impoundment cleanouts
    or closures
    June 30, 1994.
    F038 Mixed with radioactive wastes June 30, 1994.
    F039 Wastewater Aug. 8, 1990.
    F039 Nonwastewater May 8, 1992.
    K001 (organics)
    b
    All Aug. 8, 1988.
    K001 All others Aug. 8, 1988.
    K002 All Aug. 8, 1990.
    K003 All Aug. 8, 1990.
    K004 Wastewater Aug. 8, 1990.
    K004 Nonwastewater Aug. 8, 1988.
    K005 Wastewater Aug. 8, 1990.
    K005 Nonwastewater June 8, 1989.
    K006 All Aug. 8, 1990.
    K007 Wastewater Aug. 8, 1990.
    K007 Nonwastewater June 8, 1989.
    K008 Wastewater Aug. 8, 1990.
    K008 Nonwastewater Aug. 8, 1988.
    K009 All June 8, 1989.
    K010 All June 8, 1989.
    K011 Wastewater Aug. 8, 1990.
    K011 Nonwastewater June 8, 1989.
    K013 Wastewater Aug. 8, 1990.
    K013 Nonwastewater June 8, 1989.
    K014 Wastewater Aug. 8, 1990.
    K014 Nonwastewater June 8, 1989.
    K015 Wastewater Aug. 8, 1988.

    40
    K015 Nonwastewater Aug. 8, 1990.
    K016 All Aug. 8, 1988.
    K017 All Aug. 8, 1990.
    K018 All Aug. 8, 1988.
    K019 All Aug. 8, 1988.
    K020 All Aug. 8, 1988.
    K021 Wastewater Aug. 8, 1990.
    K021 Nonwastewater Aug. 8, 1988.
    K022 Wastewater Aug. 8, 1990.
    K022 Nonwastewater Aug. 8, 1988.
    K023 All June 8, 1989.
    K024 All Aug. 8, 1988.
    K025 Wastewater Aug. 8, 1990.
    K025 Nonwastewater Aug. 8, 1988.
    K026 All Aug. 8, 1990.
    K027 All June 8, 1989.
    K028 (metals) Nonwastewater Aug. 8, 1990.
    K028 All others June 8, 1989.
    K029 Wastewater Aug. 8, 1990.
    K029 Nonwastewater June 8, 1989.
    K030 All Aug. 8, 1988.
    K031 Wastewater Aug. 8, 1990.
    K031 Nonwastewater May 8, 1992.
    K032 All Aug. 8, 1990.
    K033 All Aug. 8, 1990.
    K034 All Aug. 8, 1990.
    K035 All Aug. 8, 1990.
    K036 Wastewater June 8, 1989.
    K036 Nonwastewater Aug. 8, 1988.
    K037
    b
    Wastewater Aug. 8, 1988.
    K037 Nonwastewater Aug. 8, 1988.
    K038 All June 8, 1989.
    K039 All June 8, 1989.
    K040 All June 8, 1989.
    K041 All Aug. 8, 1990.
    K042 All Aug. 8, 1990.
    K043 All June 8, 1989.
    K044 All Aug. 8, 1988.
    K045 All Aug. 8, 1988.
    K046 (Nonreactive) Nonwastewater Aug. 8, 1988.
    K046 All others Aug. 8, 1990.
    K047 All Aug. 8, 1988.
    K048 Wastewater Aug. 8, 1990.
    K048 Nonwastewater Nov. 8, 1990.
    K049 Wastewater Aug. 8, 1990.

    41
    K049 Nonwastewater Nov. 8, 1990.
    K050 Wastewater Aug. 8, 1990.
    K050 Nonwastewater Nov. 8, 1990.
    K051 Wastewater Aug. 8, 1990.
    K051 Nonwastewater Nov. 8, 1990.
    K052 Wastewater Aug. 8, 1990.
    K052 Nonwastewater Nov. 8, 1990.
    K060 Wastewater Aug. 8, 1990.
    K060 Nonwastewater Aug. 8, 1988.
    K061 Wastewater Aug. 8, 1990.
    K061 Nonwastewater June 30, 1992.
    K062 All Aug. 8, 1988.
    K069 (Non-Calcium Sulfate) Nonwastewater Aug. 8, 1988.
    K069 All others Aug. 8, 1990.
    K071 All Aug. 8, 1990.
    K073 All Aug. 8, 1990.
    K083 All Aug. 8, 1990.
    K084 Wastewater Aug. 8, 1990.
    K084 Nonwastewater May 8, 1992.
    K085 All Aug. 8, 1990.
    K086 (organics)
    b
    All Aug. 8, 1988.
    K086 All others Aug. 8, 1988.
    K087 All Aug. 8, 1988.
    K088 Mixed with radioactive wastes Apr. 8, 1998.
    K088 All others Oct. 8, 1997.
    K093 All June 8, 1989.
    K094 All June 8, 1989.
    K095 Wastewater Aug. 8, 1990.
    K095 Nonwastewater June 8, 1989.
    K096 Wastewater Aug. 8, 1990.
    K096 Nonwastewater June 8, 1989.
    K097 All Aug. 8, 1990.
    K098 All Aug. 8, 1990.
    K099 All Aug. 8, 1988.
    K100 Wastewater Aug. 8, 1990.
    K100 Nonwastewater Aug. 8, 1988.
    K101 (organics) Wastewater Aug. 8, 1988.
    K101 (metals) Wastewater Aug. 8, 1990.
    K101 (organics) Nonwastewater Aug. 8, 1988.
    K101 (metals) Nonwastewater May 8, 1992.
    K102 (organics) Wastewater Aug. 8, 1988.
    K102 (metals) Wastewater Aug. 8, 1990.
    K102 (organics) Nonwastewater Aug. 8, 1988.
    K102 (metals) Nonwastewater May 8, 1992.
    K103 All Aug. 8, 1988.

    42
    K104 All Aug. 8, 1988.
    K105 All Aug. 8, 1990.
    K106 Wastewater Aug. 8, 1990.
    K106 Nonwastewater May 8, 1992.
    K107 Mixed with radioactive wastes June 30, 1994.
    K107 All others Nov. 9, 1992.
    K108 Mixed with radioactive wastes June 30, 1994.
    K108 All others Nov. 9, 1992.
    K109 Mixed with radioactive wastes June 30, 1994.
    K109 All others Nov. 9, 1992.
    K110 Mixed with radioactive wastes June 30, 1994.
    K110 All others Nov. 9, 1992.
    K111 Mixed with radioactive wastes June 30, 1994.
    K111 All others Nov. 9, 1992.
    K112 Mixed with radioactive wastes June 30, 1994.
    K112 All others Nov. 9, 1992.
    K113 All June 8, 1989.
    K114 All June 8, 1989.
    K115 All June 8, 1989.
    K116 All June 8, 1989.
    K117 Mixed with radioactive wastes June 30, 1994.
    K117 All others Nov. 9, 1992.
    K118 Mixed with radioactive wastes June 30, 1994.
    K118 All others Nov. 9, 1992.
    K123 Mixed with radioactive wastes June 30, 1994.
    K123 All others Nov. 9, 1992.
    K124 Mixed with radioactive wastes June 30, 1994.
    K124 All others Nov. 9, 1992.
    K125 Mixed with radioactive wastes June 30, 1994.
    K125 All others Nov. 9, 1992.
    K126 Mixed with radioactive wastes June 30, 1994.
    K126 All others Nov. 9, 1992.
    K131 Mixed with radioactive wastes June 30, 1994.
    K131 All others Nov. 9, 1992.
    K132 Mixed with radioactive wastes June 30, 1994.
    K132 All others Nov. 9, 1992.
    K136 Mixed with radioactive wastes June 30, 1994.
    K136 All others Nov. 9, 1992.
    K141 Mixed with radioactive wastes Sep. 19, 1996.
    K141 All others Dec. 19, 1994.
    K142 Mixed with radioactive wastes Sep. 19, 1996.
    K142 All others Dec. 19, 1994.
    K143 Mixed with radioactive wastes Sep. 19, 1996.
    K143 All others Dec. 19, 1994.
    K144 Mixed with radioactive wastes Sep. 19, 1996.

    43
    K144 All others Dec. 19, 1994.
    K145 Mixed with radioactive wastes Sep. 19, 1996.
    K145 All others Dec. 19, 1994.
    K147 Mixed with radioactive wastes Sep. 19, 1996.
    K147 All others Dec. 19, 1994.
    K148 Mixed with radioactive wastes Sep. 19, 1996.
    K148 All others Dec. 19, 1994.
    K149 Mixed with radioactive wastes Sep. 19, 1996.
    K149 All others Dec. 19, 1994.
    K150 Mixed with radioactive wastes Sep. 19, 1996.
    K150 All others Dec. 19, 1994.
    K151 Mixed with radioactive wastes Sep. 19, 1996.
    K151 All others Dec. 19, 1994.
    K156 Mixed with radioactive wastes Apr. 8, 1998.
    K156 All others July 8, 1996.
    K157 Mixed with radioactive wastes Apr. 8, 1998.
    K157 All others July 8, 1996.
    K158 Mixed with radioactive wastes Apr. 8, 1998.
    K158 All others July 8, 1996.
    K159 Mixed with radioactive wastes Apr. 8, 1998.
    K159 All others July 8, 1996.
    K160 Mixed with radioactive wastes Apr. 8, 1998.
    K160 All others July 8, 1996.
    K161 Mixed with radioactive wastes Apr. 8, 1998.
    K161 All others July 8, 1996.
    P001 All Aug. 8, 1990.
    P002 All Aug. 8, 1990.
    P003 All Aug. 8, 1990.
    P004 All Aug. 8, 1990.
    P005 All Aug. 8, 1990.
    P006 All Aug. 8, 1990.
    P007 All Aug. 8, 1990.
    P008 All Aug. 8, 1990.
    P009 All Aug. 8, 1990.
    P010 Wastewater Aug. 8, 1990.
    P010 Nonwastewater May 8, 1992.
    P011 Wastewater Aug. 8, 1990.
    P011 Nonwastewater May 8, 1992.
    P012 Wastewater Aug. 8, 1990.
    P012 Nonwastewater May 8, 1992.
    P013 (barium) Nonwastewater Aug. 8, 1990.
    P013 All others June 8, 1989.
    P014 All Aug. 8, 1990.
    P015 All Aug. 8, 1990.
    P016 All Aug. 8, 1990.

    44
    P017 All Aug. 8, 1990.
    P018 All Aug. 8, 1990.
    P020 All Aug. 8, 1990.
    P021 All June 8, 1989.
    P022 All Aug. 8, 1990.
    P023 All Aug. 8, 1990.
    P024 All Aug. 8, 1990.
    P026 All Aug. 8, 1990.
    P027 All Aug. 8, 1990.
    P028 All Aug. 8, 1990.
    P029 All June 8, 1989.
    P030 All June 8, 1989.
    P031 All Aug. 8, 1990.
    P033 All Aug. 8, 1990.
    P034 All Aug. 8, 1990.
    P036 Wastewater Aug. 8, 1990.
    P036 Nonwastewater May 8, 1992.
    P037 All Aug. 8, 1990.
    P038 Wastewater Aug. 8, 1990.
    P038 Nonwastewater May 8, 1992.
    P039 All June 8, 1989.
    P040 All June 8, 1989.
    P041 All June 8, 1989.
    P042 All Aug. 8, 1990.
    P043 All June 8, 1989.
    P044 All June 8, 1989.
    P045 All Aug. 8, 1990.
    P046 All Aug. 8, 1990.
    P047 All Aug. 8, 1990.
    P048 All Aug. 8, 1990.
    P049 All Aug. 8, 1990.
    P050 All Aug. 8, 1990.
    P051 All Aug. 8, 1990.
    P054 All Aug. 8, 1990.
    P056 All Aug. 8, 1990.
    P057 All Aug. 8, 1990.
    P058 All Aug. 8, 1990.
    P059 All Aug. 8, 1990.
    P060 All Aug. 8, 1990.
    P062 All June 8, 1989.
    P063 All June 8, 1989.
    P064 All Aug. 8, 1990.
    P065 Wastewater Aug. 8, 1990.
    P065 Nonwastewater May 8, 1992.
    P066 All Aug. 8, 1990.

    45
    P067 All Aug. 8, 1990.
    P068 All Aug. 8, 1990.
    P069 All Aug. 8, 1990.
    P070 All Aug. 8, 1990.
    P071 All June 8, 1989.
    P072 All Aug. 8, 1990.
    P073 All Aug. 8, 1990.
    P074 All June 8, 1989.
    P075 All Aug. 8, 1990.
    P076 All Aug. 8, 1990.
    P077 All Aug. 8, 1990.
    P078 All Aug. 8, 1990.
    P081 All Aug. 8, 1990.
    P082 All Aug. 8, 1990.
    P084 All Aug. 8, 1990.
    P085 All June 8, 1989.
    P087 All May 8, 1992.
    P088 All Aug. 8, 1990.
    P089 All June 8, 1989.
    P092 Wastewater Aug. 8, 1990.
    P092 Nonwastewater May 8, 1992.
    P093 All Aug. 8, 1990.
    P094 All June 8, 1989.
    P095 All Aug. 8, 1990.
    P096 All Aug. 8, 1990.
    P097 All June 8, 1989.
    P098 All June 8, 1989.
    P099 (silver) Wastewater Aug. 8, 1990.
    P099 All others June 8, 1989.
    P101 All Aug. 8, 1990.
    P102 All Aug. 8, 1990.
    P103 All Aug. 8, 1990.
    P104 (silver) Wastewater Aug. 8, 1990.
    P104 All others June 8, 1989.
    P105 All Aug. 8, 1990.
    P106 All June 8, 1989.
    P108 All Aug. 8, 1990.
    P109 All June 8, 1989.
    P110 All Aug. 8, 1990.
    P111 All June 8, 1989.
    P112 All Aug. 8, 1990.
    P113 All Aug. 8, 1990.
    P114 All Aug. 8, 1990.
    P115 All Aug. 8, 1990.
    P116 All Aug. 8, 1990.

    46
    P118 All Aug. 8, 1990.
    P119 All Aug. 8, 1990.
    P120 All Aug. 8, 1990.
    P121 All June 8, 1989.
    P122 All Aug. 8, 1990.
    P123 All Aug. 8, 1990.
    P127 Mixed with radioactive wastes Apr. 8, 1998.
    P127 All others July 8, 1996.
    P128 Mixed with radioactive wastes Apr. 8, 1998.
    P128 All others July 8, 1996.
    P185 Mixed with radioactive wastes Apr. 8, 1998.
    P185 All others July 8, 1996.
    P188 Mixed with radioactive wastes Apr. 8, 1998.
    P188 All others July 8, 1996.
    P189 Mixed with radioactive wastes Apr. 8, 1998.
    P189 All others July 8, 1996.
    P190 Mixed with radioactive wastes Apr. 8, 1998.
    P190 All others July 8, 1996.
    P191 Mixed with radioactive wastes Apr. 8, 1998.
    P191 All others July 8, 1996.
    P192 Mixed with radioactive wastes Apr. 8, 1998.
    P192 All others July 8, 1996.
    P194 Mixed with radioactive wastes Apr. 8, 1998.
    P194 All others July 8, 1996.
    P196 Mixed with radioactive wastes Apr. 8, 1998.
    P196 All others July 8, 1996.
    P197 Mixed with radioactive wastes Apr. 8, 1998.
    P197 All others July 8, 1996.
    P198 Mixed with radioactive wastes Apr. 8, 1998.
    P198 All others July 8, 1996.
    P199 Mixed with radioactive wastes Apr. 8, 1998.
    P199 All others July 8, 1996.
    P201 Mixed with radioactive wastes Apr. 8, 1998.
    P201 All others July 8, 1996.
    P202 Mixed with radioactive wastes Apr. 8, 1998.
    P202 All others July 8, 1996.
    P203 Mixed with radioactive wastes Apr. 8, 1998.
    P203 All others July 8, 1996.
    P204 Mixed with radioactive wastes Apr. 8, 1998.
    P204 All others July 8, 1996.
    P205 Mixed with radioactive wastes Apr. 8, 1998.
    P205 All others July 8, 1996.
    U001 All Aug. 8, 1990.
    U002 All Aug. 8, 1990.
    U003 All Aug. 8, 1990.

    47
    U004 All Aug. 8, 1990.
    U005 All Aug. 8, 1990.
    U006 All Aug. 8, 1990.
    U007 All Aug. 8, 1990.
    U008 All Aug. 8, 1990.
    U009 All Aug. 8, 1990.
    U010 All Aug. 8, 1990.
    U011 All Aug. 8, 1990.
    U012 All Aug. 8, 1990.
    U014 All Aug. 8, 1990.
    U015 All Aug. 8, 1990.
    U016 All Aug. 8, 1990.
    U017 All Aug. 8, 1990.
    U018 All Aug. 8, 1990.
    U019 All Aug. 8, 1990.
    U020 All Aug. 8, 1990.
    U021 All Aug. 8, 1990.
    U022 All Aug. 8, 1990.
    U023 All Aug. 8, 1990.
    U024 All Aug. 8, 1990.
    U025 All Aug. 8, 1990.
    U026 All Aug. 8, 1990.
    U027 All Aug. 8, 1990.
    U028 All June 8, 1989.
    U029 All Aug. 8, 1990.
    U030 All Aug. 8, 1990.
    U031 All Aug. 8, 1990.
    U032 All Aug. 8, 1990.
    U033 All Aug. 8, 1990.
    U034 All Aug. 8, 1990.
    U035 All Aug. 8, 1990.
    U036 All Aug. 8, 1990.
    U037 All Aug. 8, 1990.
    U038 All Aug. 8, 1990.
    U039 All Aug. 8, 1990.
    U041 All Aug. 8, 1990.
    U042 All Aug. 8, 1990.
    U043 All Aug. 8, 1990.
    U044 All Aug. 8, 1990.
    U045 All Aug. 8, 1990.
    U046 All Aug. 8, 1990.
    U047 All Aug. 8, 1990.
    U048
    All
    Aug. 8, 1990.
    U049 All Aug. 8, 1990.
    U050 All Aug. 8, 1990.

    48
    U051 All Aug. 8, 1990.
    U052 All Aug. 8, 1990.
    U053 All Aug. 8, 1990.
    U055 All Aug. 8, 1990.
    U056 All Aug. 8, 1990.
    U057 All Aug. 8, 1990.
    U058 All June 8, 1989.
    U059 All Aug. 8, 1990.
    U060 All Aug. 8, 1990.
    U061 All Aug. 8, 1990.
    U062 All Aug. 8, 1990.
    U063 All Aug. 8, 1990.
    U064 All Aug. 8, 1990.
    U066 All Aug. 8, 1990.
    U067 All Aug. 8, 1990.
    U068 All Aug. 8, 1990.
    U069 All June 30, 1992.
    U070 All Aug. 8, 1990.
    U071 All Aug. 8, 1990.
    U072 All Aug. 8, 1990.
    U073 All Aug. 8, 1990.
    U074 All Aug. 8, 1990.
    U075 All Aug. 8, 1990.
    U076 All Aug. 8, 1990.
    U077 All Aug. 8, 1990.
    U078 All Aug. 8, 1990.
    U079 All Aug. 8, 1990.
    U080 All Aug. 8, 1990.
    U081 All Aug. 8, 1990.
    U082 All Aug. 8, 1990.
    U083 All Aug. 8, 1990.
    U084 All Aug. 8, 1990.
    U085 All Aug. 8, 1990.
    U086 All Aug. 8, 1990.
    U087 All June 8, 1989.
    U088 All June 8, 1989.
    U089 All Aug. 8, 1990.
    U090 All Aug. 8, 1990.
    U091 All Aug. 8, 1990.
    U092 All Aug. 8, 1990.
    U093 All Aug. 8, 1990.
    U094 All Aug. 8, 1990.
    U095 All Aug. 8, 1990.
    U096 All Aug. 8, 1990.
    U097 All Aug. 8, 1990.

    49
    U098 All Aug. 8, 1990.
    U099 All Aug. 8, 1990.
    U101 All Aug. 8, 1990.
    U102 All June 8, 1989.
    U103 All Aug. 8, 1990.
    U105 All Aug. 8, 1990.
    U106 All Aug. 8, 1990.
    U107 All June 8, 1989.
    U108 All Aug. 8, 1990.
    U109 All Aug. 8, 1990.
    U110 All Aug. 8, 1990.
    U111 All Aug. 8, 1990.
    U112 All Aug. 8, 1990.
    U113 All Aug. 8, 1990.
    U114 All Aug. 8, 1990.
    U115 All Aug. 8, 1990.
    U116 All Aug. 8, 1990.
    U117 All Aug. 8, 1990.
    U118 All Aug. 8, 1990.
    U119 All Aug. 8, 1990.
    U120 All Aug. 8, 1990.
    U121 All Aug. 8, 1990.
    U122 All Aug. 8, 1990.
    U123 All Aug. 8, 1990.
    U124 All Aug. 8, 1990.
    U125 All Aug. 8, 1990.
    U126 All Aug. 8, 1990.
    U127 All Aug. 8, 1990.
    U128 All Aug. 8, 1990.
    U129 All Aug. 8, 1990.
    U130 All Aug. 8, 1990.
    U131 All Aug. 8, 1990.
    U132 All Aug. 8, 1990.
    U133 All Aug. 8, 1990.
    U134 All Aug. 8, 1990.
    U135 All Aug. 8, 1990.
    U136 Wastewater Aug. 8, 1990.
    U136 Nonwastewater May 8, 1992.
    U137 All Aug. 8, 1990.
    U138 All Aug. 8, 1990.
    U140 All Aug. 8, 1990.
    U141 All Aug. 8, 1990.
    U142 All Aug. 8, 1990.
    U143 All Aug. 8, 1990.
    U144 All Aug. 8, 1990.

    50
    U145 All Aug. 8, 1990.
    U146 All Aug. 8, 1990.
    U147 All Aug. 8, 1990.
    U148 All Aug. 8, 1990.
    U149 All Aug. 8, 1990.
    U150 All Aug. 8, 1990.
    U151 Wastewater Aug. 8, 1990.
    U151 Nonwastewater May 8, 1992.
    U152 All Aug. 8, 1990.
    U153 All Aug. 8, 1990.
    U154 All Aug. 8, 1990.
    U155 All Aug. 8, 1990.
    U156 All Aug. 8, 1990.
    U157 All Aug. 8, 1990.
    U158 All Aug. 8, 1990.
    U159 All Aug. 8, 1990.
    U160 All Aug. 8, 1990.
    U161 All Aug. 8, 1990.
    U162 All Aug. 8, 1990.
    U163 All Aug. 8, 1990.
    U164 All Aug. 8, 1990.
    U165 All Aug. 8, 1990.
    U166 All Aug. 8, 1990.
    U167 All Aug. 8, 1990.
    U168 All Aug. 8, 1990.
    U169 All Aug. 8, 1990.
    U170 All Aug. 8, 1990.
    U171 All Aug. 8, 1990.
    U172 All Aug. 8, 1990.
    U173 All Aug. 8, 1990.
    U174 All Aug. 8, 1990.
    U176 All Aug. 8, 1990.
    U177 All Aug. 8, 1990.
    U178 All Aug. 8, 1990.
    U179 All Aug. 8, 1990.
    U180 All Aug. 8, 1990.
    U181 All Aug. 8, 1990.
    U182 All Aug. 8, 1990.
    U183 All Aug. 8, 1990.
    U184 All Aug. 8, 1990.
    U185 All Aug. 8, 1990.
    U186 All Aug. 8, 1990.
    U187 All Aug. 8, 1990.
    U188 All Aug. 8, 1990.
    U189 All Aug. 8, 1990.

    51
    U190 All June 8, 1989.
    U191 All Aug. 8, 1990.
    U192 All Aug. 8, 1990.
    U193 All Aug. 8, 1990.
    U194 All June 8, 1989.
    U196 All Aug. 8, 1990.
    U197 All Aug. 8, 1990.
    U200 All Aug. 8, 1990.
    U201 All Aug. 8, 1990.
    U202 All Aug. 8, 1990.
    U203 All Aug. 8, 1990.
    U204 All Aug. 8, 1990.
    U205 All Aug. 8, 1990.
    U206 All Aug. 8, 1990.
    U207 All Aug. 8, 1990.
    U208 All Aug. 8, 1990.
    U209 All Aug. 8, 1990.
    U210 All Aug. 8, 1990.
    U211 All Aug. 8, 1990.
    U213 All Aug. 8, 1990.
    U214 All Aug. 8, 1990.
    U215 All Aug. 8, 1990.
    U216 All Aug. 8, 1990.
    U217 All Aug. 8, 1990.
    U218 All Aug. 8, 1990.
    U219 All Aug. 8, 1990.
    U220 All Aug. 8, 1990.
    U221 All June 8, 1989.
    U222 All Aug. 8, 1990.
    U223 All June 8, 1989.
    U225 All Aug. 8, 1990.
    U226 All Aug. 8, 1990.
    U227 All Aug. 8, 1990.
    U228 All Aug. 8, 1990.
    U234 All Aug. 8, 1990.
    U235 All June 8, 1989.
    U236 All Aug. 8, 1990.
    U237 All Aug. 8, 1990.
    U238 All Aug. 8, 1990.
    U239 All Aug. 8, 1990.
    U240 All Aug. 8, 1990.
    U243 All Aug. 8, 1990.
    U244 All Aug. 8, 1990.
    U246 All Aug. 8, 1990.
    U247 All Aug. 8, 1990.

    52
    U248 All Aug. 8, 1990.
    U249 All Aug. 8, 1990.
    U271 Mixed with radioactive wastes Apr. 8, 1998.
    U271 All others July 8, 1996.
    U277 Mixed with radioactive wastes Apr. 8, 1998.
    U277 All others July 8, 1996.
    U278 Mixed with radioactive wastes Apr. 8, 1998.
    U278 All others July 8, 1996.
    U279 Mixed with radioactive wastes Apr. 8, 1998.
    U279 All others July 8, 1996.
    U280 Mixed with radioactive wastes Apr. 8, 1998.
    U280 All others July 8, 1996.
    U328 Mixed with radioactive wastes June 30, 1994.
    U328 All others Nov. 9, 1992.
    U353 Mixed with radioactive wastes June 30, 1994.
    U353 All others Nov. 9, 1992.
    U359 Mixed with radioactive wastes June 30, 1994.
    U359 All others Nov. 9, 1992.
    U364 Mixed with radioactive wastes Apr. 8, 1998.
    U364 All others July 8, 1996.
    U365 Mixed with radioactive wastes Apr. 8, 1998.
    U365 All others July 8, 1996.
    U366 Mixed with radioactive wastes Apr. 8, 1998.
    U366 All others July 8, 1996.
    U367 Mixed with radioactive wastes Apr. 8, 1998.
    U367 All others July 8, 1996.
    U372 Mixed with radioactive wastes Apr. 8, 1998.
    U372 All others July 8, 1996.
    U373 Mixed with radioactive wastes Apr. 8, 1998.
    U373 All others July 8, 1996.
    U375 Mixed with radioactive wastes Apr. 8, 1998.
    U375 All others July 8, 1996.
    U376 Mixed with radioactive wastes Apr. 8, 1998.
    U376 All others July 8, 1996.
    U377 Mixed with radioactive wastes Apr. 8, 1998.
    U377 All others July 8, 1996.
    U378 Mixed with radioactive wastes Apr. 8, 1998.
    U378 All others July 8, 1996.
    U379 Mixed with radioactive wastes Apr. 8, 1998.
    U379 All others July 8, 1996.
    U381 Mixed with radioactive wastes Apr. 8, 1998.
    U381 All others July 8, 1996.
    U382 Mixed with radioactive wastes Apr. 8, 1998.
    U382 All others July 8, 1996.
    U383 Mixed with radioactive wastes Apr. 8, 1998.

    53
    U383 All others July 8, 1996.
    U384 Mixed with radioactive wastes Apr. 8, 1998.
    U384 All others July 8, 1996.
    U385 Mixed with radioactive wastes Apr. 8, 1998.
    U385 All others July 8, 1996.
    U386 Mixed with radioactive wastes Apr. 8, 1998.
    U386 All others July 8, 1996.
    U387 Mixed with radioactive wastes Apr. 8, 1998.
    U387 All others July 8, 1996.
    U389 Mixed with radioactive wastes Apr. 8, 1998.
    U389 All others July 8, 1996.
    U390 Mixed with radioactive wastes Apr. 8, 1998.
    U390 All others July 8, 1996.
    U391 Mixed with radioactive wastes Apr. 8, 1998.
    U391 All others July 8, 1996.
    U392 Mixed with radioactive wastes Apr. 8, 1998.
    U392 All others July 8, 1996.
    U393 Mixed with radioactive wastes Apr. 8, 1998.
    U393 All others July 8, 1996.
    U394 Mixed with radioactive wastes Apr. 8, 1998.
    U394 All others July 8, 1996.
    U395 Mixed with radioactive wastes Apr. 8, 1998.
    U395 All others July 8, 1996.
    U396 Mixed with radioactive wastes Apr. 8, 1998.
    U396 All others July 8, 1996.
    U400 Mixed with radioactive wastes Apr. 8, 1998.
    U400 All others July 8, 1996.
    U401 Mixed with radioactive wastes Apr. 8, 1998.
    U401 All others July 8, 1996.
    U402 Mixed with radioactive wastes Apr. 8, 1998.
    U402 All others July 8, 1996.
    U403 Mixed with radioactive wastes Apr. 8, 1998.
    U403 All others July 8, 1996.
    U404 Mixed with radioactive wastes Apr. 8, 1998.
    U404 All others July 8, 1996.
    U407 Mixed with radioactive wastes Apr. 8, 1998.
    U407 All others July 8, 1996.
    U409 Mixed with radioactive wastes Apr. 8, 1998.
    U409 All others July 8, 1996.
    U410 Mixed with radioactive wastes Apr. 8, 1998.
    U410 All others July 8, 1996.
    U411 Mixed with radioactive wastes Apr. 8, 1998.
    U411 All others July 8, 1996.
    a
    This table does not include mixed radioactive wastes (from the First, Second, and Third

    54
    rules) which are receiving a national capacity variance until May 8, 1992. This table also
    does not include contaminated soil and debris wastes.
    b
    The standard was revised in the Third Third Final Rule (adopted by USEPA at 55 Fed.
    Reg. 22520 (June 1, 1990) and by the Board in docket R90-11 by orders dated April 11,
    May 23, and August 8 and 22, 1991).
    c
    USEPA amended the standard in the Third Third Emergency Rule (at 58 Fed. Reg. 29860
    (May 24, 1993), which the Board adopted in docket R93-16 on March 17, 1994); the
    original effective date was August 8, 1990.
    d
    The standard was revised in the Phase II Final Rule (which USEPA adopted at 59 Fed.
    Reg. 47982 (Sept. 19, 1994) and the Board adopted in docket R95-6 by orders dated June
    1 and 15, 1995); the original effective date was August 8, 1990.
    e
    The standards for selected reactive wastes was revised in the Phase III Final Rule (which
    USEPA adopted at 61 Fed. Reg. 15566 (Apr. 8, 1996) and the Board adopted in docket
    R96-10/R97-3/R97-5 (consolidated) by an order dated November 6, 1997); the original
    effective date was August 8, 1990.
    TABLE 2
    SUMMARY OF EFFECTIVE DATES OF LAND DISPOSAL RESTRICTIONS
    FOR CONTAMINATED SOIL AND DEBRIS (CSD)
    Restricted hazardous waste in CSD Effective date
    1. Solvent-(F001-F005) and dioxin-(F020-F023 and F026-F028) containing soil
    and debris from CERCLA response of or RCRA corrective actions.
    Nov. 8, 1990.
    2. Soil and debris not from CERCLA response or RCRA corrective actions
    contaminated with less than one percent total solvents (F001-F005) or dioxins
    (F020-F023 and F026-F028).
    Nov. 8, 1988.
    3. All soil and debris contaminated with First Third wastes for which treatment
    standards are based on incineration.
    Aug. 8, 1990.
    4. All soil and debris contaminated with Second Third wastes for which treatment
    standards are based on incineration.
    June 8, 1991.
    5. All soil and debris contaminated with Third Third wastes or, First or Second
    Third “soft hammer” wastes which had treatment standards promulgated in the
    Third Third rule, for which treatment standards are based on incineration,
    vitrification, or mercury retorting, acid leaching followed by chemical
    precipitation, or thermal recovery of metals, as well as all inorganic solids
    debris contaminated with D004-D011 wastes, and all soil and debris
    contaminated with mixed RCRA/radioactive wastes.
    May 8, 1992.
    6. Soil and debris contaminated with D012-D043, K141-K145, and K147-151
    wastes.
    Dec. 19, 1994.
    7. Debris (only) contaminated with F037, F038, K107-K112, K117, K118,
    K123-K126, K131, K132, K136, U328, U353, U359.
    Dec. 19, 1994

    55
    8. Soil and debris contaminated with K156- K161, P127, P128, P188-P192,
    P194, P196- P199, P201-P205, U271, U277-U280, U364-U367, U372, U373,
    U375-U379, U381-U387, U389-U396, U400-U404, U407, and U409-U411
    wastes.
    July 8, 1996.
    9. Soil and debris contaminated with K088 wastes. Oct. 8, 1997.
    10. Soil and debris contaminated with radioactive wastes mixed with K088,
    K156-K161, P127, P128, P188-P192, P194, P196-P199, P201-P205, U271,
    U277-U280, U364-U367,U372, U373, U375-U379, U381-U387, U389-U396,
    U400-U404, U407, and U409-U411 wastes.
    April 8, 1998.
    11. Soil and debris contaminated with F032, F034, and F035. May 12, 1997.
    12. Soil and debris contaminated with newly identified D004-D011 toxicity
    characteristic wastes and mineral processing wastes.
    Aug. 24, 1998.
    13. Soil and debris contaminated with mixed radioactive newly identified D011
    characteristic wastes and mineral processing wastes.
    May 26, 2000.
    BOARD NOTE: This table is provided for the convenience of the reader.
    (Source: Amended at 25 Ill. Reg. ________, effective ______________________)
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do hereby certify that
    the above opinion and order was adopted on the 7th day of December 2000 by a vote of
    7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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